Legal Opinion

In re Talbot & Poggi

District Court, S.D. New York

Decided March 16, 1911PublishedCited by 1 opinion

In the matter of bankruptcy proceedings of Talbot & Poggi. Petitions against the bankrupts' trustee by Emil Grossmann, Moritz Esche, and Paul Reinhardt for the stoppage in transitu of goods shipped to the bankrupt.

1Opinion of the Court

HAND, District Judge (after stating the facts as above).

So far as concerns the goods in general order the petition must succeed., This follows from Rord Kenyon's decision in Northey v. Field, 2 Esp. 613. A similar ruling is reported as being made by Rord Ellenborough in Nix v. Olive, reported in Abbott’s Shipping, p. 377. In these cases the custody of the carrier is regarded as continued by the customs officials, who take tlie goods from the carrier and keep them till the buyer pays duties and freight. This case was followed likewise in Burnham v. Winsor, 4 Fed. Cas. 784, and in Mottram v.…

2Cases cited2 opinions

  1. Cartwright v. . WilmerdingNew York Court of Appeals · 1862
  2. Burnham v. WinsorDistrict Court, D. Massachusetts · 1843

3Cited by1 opinion

  1. Buss v. Long Island Storage Warehouse Co.Court of Appeals for the Second Circuit · 1933

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