Vose v. . Cockcroft
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the first district, affirming a judgment in favor of the plaintiff. This is an action upon a bond, given for the release of the brig Jachin from a warrant of attachment,issued under the following circumstances: The defendant, Cockcroft, was the owner of the brig, he being a resident of the city of New York, and the vessel being in a domestic port at the time mentioned, and one Lovejoy the master thereof.
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Appeal from an order of the General Term of the Supreme Court, in the first district, affirming a judgment in favor of the plaintiff. This is an action upon a bond, given for the release of the brig Jachin from a warrant of attachment,issued under the following circumstances: The defendant, Cockcroft, was the owner of the brig, he being a resident of the city of New York, and the vessel being in a domestic port at the time mentioned, and one Lovejoy the master thereof. Lovejoy, as such master, on March 9th, 1859, contracted a debt with the plaintiffs, on account of materials and supplies, and…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The appellants, argue that the statute, under which the warrant of attachment was issued, is in conflict with the Constitution and laws of the United States, and void. Hence, they argue, the bond upon which the action is brought is also void, and all the proceedings in the action, including the judgment, are void and without effect. The decision in The Josephine (39 N.Y., 19) is cited as controlling this case.
In that case, arising under the act of 1862, the…
2Cases cited4 opinions
- Lee v. TillotsonNew York Supreme Court · 1840
- Bird v. the Steamboat JosephineNew York Court of Appeals · 1868
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- Codd v. . RathboneNew York Court of Appeals · 1859
3Cited by82 opinions
- People v. . RosenheimerNew York Court of Appeals · 1913
- People v. . TurnerNew York Court of Appeals · 1889
- The People v. . Fire Association of Phil'A.New York Court of Appeals · 1883
- Steers v. Liverpool, New York & Philadelphia Steamship Co.New York Court of Appeals · 1874
- Nishman v. De MarcoAppellate Division of the Supreme Court of the State of New York · 1980
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