Thompson v. Van Vechten
The Superior Court of New York City
This action comes before the court on a motion, by the plaintiff, for the appointment of a receiver of the steamboat Alida, her tackle, &e. The motion was made upon the complaint and affidavits.
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This action comes before the court on a motion, by the plaintiff, for the appointment of a receiver of the steamboat Alida, her tackle, &e. The motion was made upon the complaint and affidavits. The following appear to be the material facts: 1. The steamboat Alida was mortgaged by the then owners to Daniel Drew, on the 30th of October, 1852. This mortgage is held, under various assignments, by the defendant, Abraham Yan Yechten, and he has advertised the vessel for sale. 2. Nicholas Elmendorf having become the owner, mortgaged the vessel to one Prosper M. Shaw, and the defendant, on the 25th…
1Opinion of the CourtHoffman, J.
I am satisfied that, as to the parties who resorted to admiralty before the present suit, I have no right to interfere., I could not aid a receiver, by a writ of assistance, to take the vessel out of the custody of the marshal; and the appointment of a receiver would be so far nugatory. Such parties could not be enjoined from proceeding in the District Court. (2 Paige, 404; 7 Cranch, 278; 4 id. 179.)
In relation to the claim of Parrott, there is the embarrassment, that he has a legal claim enforced by attachment in the Supreme Court before this suit was commenced. I think that his rights must…
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- The Robert FultonU.S. Circuit Court for New York · 1826
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