Legal Opinion

Baker v. . Hoag

New York Court of Appeals

Decided April 5, 1853PublishedCited by 8 opinions

Appeal from the general term of the Supreme Court, in the third district, where a judgment upon a verdict in favor of the defendant had been affirmed. (Reported below, on former trials, 3 Barb. 203, and 7 Id. 113.) This was an action of replevin for eighteen bales of wool, the property of the defendant, which had been taken by the plaintiff from the canal-boat William Henry, that had been sunk in the Hudson River, near. Coxsackie, a place where the tide ebbs and flows.

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Appeal from the general term of the Supreme Court, in the third district, where a judgment upon a verdict in favor of the defendant had been affirmed. (Reported below, on former trials, 3 Barb. 203, and 7 Id. 113.) This was an action of replevin for eighteen bales of wool, the property of the defendant, which had been taken by the plaintiff from the canal-boat William Henry, that had been sunk in the Hudson River, near. Coxsackie, a place where the tide ebbs and flows. On the 16th November 1846, the canal-boat William Henry, having on board the wool in question, whilst being towed down the…

1Opinion of the Court

*Jewett, J.

If the had a lien on the ^ wool, at the time the defendant took it from his *- possession, it was a sufficient special property to entitle nim to maintain this action. (Ingersoll v. Van Bokkelin, 7 Cow. 670; Wheeler v. McFarland, 10 Wend. 318; Rogers v. Arnold, 12 Id. 30.)

At the trial, the plaintiff insisted that he, at that time, had a lien on the wool in question — either, first, for salvage, by the common law; second, for salvage by the provisions of'our statute concerning wrecks; or, third, by agreement, or in consequence of the offer of a reward by the defendant for finding…

2Cases cited7 opinions

  1. Waring v. ClarkeSupreme Court of the United States · 1847
  2. The Steam-Boat Thomas JeffersonSupreme Court of the United States · 1825
  3. Wheeler v. M'FarlandNew York Supreme Court · 1833
  4. United States v. GrushU.S. Circuit Court for the District of Massachusetts · 1829
  5. Ingersoll v. Van BokkelinNew York Supreme Court · 1827

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. O. F. Shearer & Sons, Inc. v. DeckerDistrict Court, S.D. West Virginia · 1972
  2. Studley v. BakerDistrict Court, D. Massachusetts · 1873
  3. Merrill v. FisherMassachusetts Supreme Judicial Court · 1910
  4. Baker v. HoagNew York Court of Appeals · 1853
  5. Central Stock Yard & Transit Co. v. MearsAppellate Division of the Supreme Court of the State of New York · 1903

3 more not listed; retrieve them via the Exa API.

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