Marshall v. McGregor
New York Supreme Court
APPEAL by the' plaintiffs from an order made at a special term vacating an injunction. The plaintiffs are owners of fifteen-sixteenths of the ship James Foster Jr.} belonging to the port of New York, and being one of the old line of Liverpool packets of which C. H. Marshall & Co. are agents and ship’s husbands. The ship runs regularly between New York and Liverpool.
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APPEAL by the' plaintiffs from an order made at a special term vacating an injunction. The plaintiffs are owners of fifteen-sixteenths of the ship James Foster Jr.} belonging to the port of New York, and being one of the old line of Liverpool packets of which C. H. Marshall & Co. are agents and ship’s husbands. The ship runs regularly between New York and Liverpool. On the eve of her departure for Liverpool, on February 10, 1871, the vessel being fully loaded and ready for sea, hatches down, &c., with cargo on board belonging to different shippers, for which bills of lading were outstanding,…
1Opinion of the CourtCardozo, J.
The equity which the complaint presents— that the suit of the defendant was brought without right and simply to coerce the plaintiffs into paying or securing the defendant’s claim—is fully denied by the opposing papers. That being disposed of, I think there is neither precedent nor principle for the injunction issued in this case.
Undoubtedly a court of equity will interfere to prevent ‘ a ship from sailing, against the objection of an owner of a share, until the value of that share has been ascertained and security given for it. (Abb. on Shipping, 104.) But that is a very different thing from…
2Cases cited4 opinions
- Smith v. . OrserNew York Court of Appeals · 1870
- Buddington v. StewartSupreme Court of Connecticut · 1841
- Smith v. OrserNew York Supreme Court · 1864
- Mowbray v. LawrenceNew York Supreme Court · 1861