Peyton v. Hallett
New York Supreme Court
■ These were actions on two policies of insurance, one on the body, the other on the cargo, of the sloop Buby, *on a voyage from Charleston to the Mantanzas, in [*364] Cuba, “ warranted the property of an American citizen.”
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■ These were actions on two policies of insurance, one on the body, the other on the cargo, of the sloop Buby, *on a voyage from Charleston to the Mantanzas, in [*364] Cuba, “ warranted the property of an American citizen.” On the voyage, the vessel was taken and carried into New Providence, where she, on the 9th of December, 1801, was acquitted, but her cargo condemned as lawful prize The abandonments were made the 7th of January, 1802. The plaintiff, to prove his interest in the subjects of the insurance, called one George White, who was objected to by the defendant’s counsel as…
1Opinion of the Court · LivingstonLivingston, J.
Show how the interest here does not incapacitate.
*465Against us some maxims and some decisions have been relied on, which, however, it is conceived, do not in the least invalidate the force of our arguments. It is said that the order in favor of White created a lien on the property in' the hands of the agent. Allowing this to be so, that lien was but a possibility. There might have been five hundred previous orders, each to be preferred to this; or the agent himself might have had claims more than enough to absorb the whole of the funds when in his possession. That equitable liens should work…
Also in this document: Opinion of the Court · Livingston.
2Cases cited1 opinion
- Owners of the Sloop Chester v. Owners of the Brig ExperimentSupreme Court of the United States · 1782
3Cited by21 opinions
- Harris v. . ClarkNew York Court of Appeals · 1849
- Turner v. BakerSupreme Court of Missouri · 1876
- Hulings v. Hulings Lumber. Co.West Virginia Supreme Court · 1893
- Munger v. . ShannonNew York Court of Appeals · 1874
- State ex rel. State Bank v. HastingsWisconsin Supreme Court · 1862
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