Coryell v. Perine
The Superior Court of New York City
This was an action upon two "bonds under seal, executed by the defendants to the plaintiff in October, 1865; the first in the penalty of $21,000, dated the fourth, and the second in the penalty of $25,000, dated the twenty-first of that month.
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This was an action upon two "bonds under seal, executed by the defendants to the plaintiff in October, 1865; the first in the penalty of $21,000, dated the fourth, and the second in the penalty of $25,000, dated the twenty-first of that month. Each of such bonds recited the issuing of a different warrant of attachment against a. steam tug or vessel, (The Triana,) by a different justice of the Supreme Court, to enforce a lien of the plaintiff for separate claims upon her, and an intended application for their discharge, the first warrant being issued in September, 1865, for upwards of $10,000,…
1Opinion of the Court
By the Court, Robertson, Ch. J.
Any claim of the United States government on the vessel in question in this case for advances made on account of its price, did not affect whatever. lien the plaintiff had for his claim on her, so far as the bonds in suit are concerned. The defendants are liable on those bonds for any claim of the plaintiff that was a lien on such vessel, whether it could have been enforced against her or not. And even if the United States government had a lien, and it was an obstacle to the enforcement of the plaintiff’s lien, the defendants have waived all objection by…
2Cases cited10 opinions
- The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824
- Andrews v. . DurantNew York Court of Appeals · 1854
- McFarland v. WheelerNew York Supreme Court · 1841
- United States v. WilderU.S. Circuit Court for the District of Massachusetts · 1838
- Phillips v. WrightThe Superior Court of New York City · 1852
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