Baker v. Hoag
New York Supreme Court
This was an action of replevin, tried at the Greene circuit, in April, 1849, before Justice Wright. It appeared upon the trial, that on the 16th of November, 1846, the canal boat William Henry, having on board 18 bales of wool belonging to the defendant, while being towed down the Hudson river, was sunk in the channel of the river near four mile point, in the county of Greene, in consequence of a collision with a steamboat.
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This was an action of replevin, tried at the Greene circuit, in April, 1849, before Justice Wright. It appeared upon the trial, that on the 16th of November, 1846, the canal boat William Henry, having on board 18 bales of wool belonging to the defendant, while being towed down the Hudson river, was sunk in the channel of the river near four mile point, in the county of Greene, in consequence of a collision with a steamboat. Shortly after this occurrence the defendant came to the place and employed men to fish for the boat, but without success. On the 16th of January following the boat was…
1Opinion of the CourtHarris, J.
When this cause was before us, on a former occasion, it was held that the plaintiff, at the time of the commencement of the suit, had no lien upon the wool, either at common law, or by statute. (3 Barb. S. C. Rep. 203.) In that decision I concurred. I still think the conclusions at which my learned associate arrived, in his examination of the case, were correct. I can not, however, concur in all the views expressed in the opinion, as the ground of the decision.
A wreck is defined by elementary writers to be such goods as, after a shipwreck, are cast upon land by the sea, and left there within…
2Cited by2 opinions
- Kline v. Green, New York County Courts1893
- New York & Harlem Railroad v. HawsThe Superior Court of New York City · 1873