Drexel v. . Pease
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 29, 1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and dismissed the defendant’s appeal. This action was brought by plaintiffs, who were bankers doing business in the city of New York, to enforce a lien they claimed to have upon the proceeds of a quantity of sardines.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 29, 1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term and dismissed the defendant’s appeal. This action was brought by plaintiffs, who were bankers doing business in the city of New York, to enforce a lien they claimed to have upon the proceeds of a quantity of sardines. One Pease, who was a merchant in New York, entered into a contract with one St. Amant, a merchant in France, which, after reciting…
1Opinion of the CourtPeokham, J.
The judgment in this action gave plaintiffs a specific lien on the merchandise (principally sardines) upon which they made advances, up to the full amount of those advances.' In addition to the specific lien the judgment awarded the plaintiffs a general lien upon the surplus in the merchandise or the proceeds thereof remaining after providing for the payment of their advances, as security for the other indebtedness of Pease’s firm to the plaintiffs.
St.Amant, one of the defendants herein, is dissatisfied with the latter provision in such judgment. The cause of his dissatisfaction lies in the…
2Cases cited2 opinions
- Moors v. . KidderNew York Court of Appeals · 1887
- Drexel v. . PeaseNew York Court of Appeals · 1891
3Cited by11 opinions
- Commercial National Bank v. Canal-Louisiana Bank & Trust Co.Supreme Court of the United States · 1916
- In re A. E. Fountain, Inc.Court of Appeals for the Second Circuit · 1922
- Sexton v. Kessler & Co.Court of Appeals for the Second Circuit · 1909
- In re CattusCourt of Appeals for the Second Circuit · 1910
- In re PerlhefterDistrict Court, S.D. New York · 1910
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