Best v. . Staple
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of the defendant, entered upon an order denying a motion for a new trial, and directing judgment upon a verdict. The action was for the alleged wrongful conversion of a barge. The answer denied the complaint, and alleged ownership in the defendant.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of the defendant, entered upon an order denying a motion for a new trial, and directing judgment upon a verdict. The action was for the alleged wrongful conversion of a barge. The answer denied the complaint, and alleged ownership in the defendant. The plaintiff claimed title by virtue of a mortgage executed to him October 5, 1865, by one Perkins, who was then the owner of the barge, conditioned to pay the sum of $752, with interest from January 23, 1865, on or before January 23, 1866. The…
1Opinion of the Court
Earl, C.
Section 1 of the act of Congress of July 29, 1850 (1 Bright. Dig., 833), provides that “no bill of sale, mortgage, hypothecation or conveyance of any vessel, or part of any vessel, of the United States shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof, unless such bill of sale, mortgage, hypothecation or conveyance be recorded in the office of the collector of the customs where such vessel is registered or enrolled.” Subsequent sections of the same act provide that the collectors of the customs shall…
2Cases cited4 opinions
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- White's Bank v. SmithSupreme Court of the United States · 1869
- Griffith v. GriffithNew York Court of Chancery · 1841
- The Aetna Insurance Company v. . AldrichNew York Court of Appeals · 1862
3Cited by13 opinions
- Rivara v. James Stewart & Co.New York Court of Appeals · 1925
- Millis v. LombardSupreme Court of Minnesota · 1884
- Haug v. Third National BankMichigan Supreme Court · 1889
- Ellis v. RickettAppellate Division of the Supreme Court of the State of New York · 1917
- Orendorf v. BudlongU.S. Circuit Court for the District of Eastern Michigan · 1882
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