Fairbanks v. Bloomfield
The Superior Court of New York City
The- action was brought to recover damages, against the defendants, for the wrongful conversion, by them, to their own use, of a vessel or brigantine, called “ The Bloomfield,” of which the plaintiffs claimed to be the legal owners, by virtue of a mortgage, executed and delivered to them, on the 23d of May, 1848, at Halifax, in Nova Scotia, by one J. G. D. McLellan, then the sole owner of the vessel.
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The- action was brought to recover damages, against the defendants, for the wrongful conversion, by them, to their own use, of a vessel or brigantine, called “ The Bloomfield,” of which the plaintiffs claimed to be the legal owners, by virtue of a mortgage, executed and delivered to them, on the 23d of May, 1848, at Halifax, in Nova Scotia, by one J. G. D. McLellan, then the sole owner of the vessel. The mortgage was set forth, at large, in the complaint,* and by its terms was given to secure to the plaintiffs the payment, in three months from its date, of the sum of £800, Nova Scotia…
1Opinion of the CourtBy the Court. Duer, J.
The plaintiffs, in our opinion, are entitled to judgment upon the verdict, for the amount, with interest and costs, for which it was rendered.
We can allow no weight to the objections that have been taken to the validity of the mortgage. It was executed in Nova Scotia, upon a British registered vessel, and it is, therefore, certain, that, in judging of its validity, we must be governed by the rules of the common law, and not by the provisions of the Revised Statutes, which can only apply to mortgages executed within, or relating to property at the time within, the jurisdiction of the state. As…
2Cases cited2 opinions
- Jenner v. JoliffeNew York Supreme Court · 1810
- Hull v. CarnleyThe Superior Court of New York City · 1853
3Cited by2 opinions
- The RoslynDistrict Court, S.D. New York · 1877
- Bohde v. FarleyThe Superior Court of New York City · 1882