American Insurance v. Fisk
New York Court of Chancery
In February, 1825, the ship Point a’ Petre of Bordeaux, laden with cotton and nails, was lost on Carey’s Fort reef, off the coast of Florida. Of the cotton on board, 536 bales were saved from the wreck by other vessels, and carried into Key West, where it was sold under an award of a wrecker’s court, organized at that place; and 76 per cent, of the proceeds was awarded to the salvors. Fisk is a Iona fide purchaser of 140 bales of cotton thus sold.
1Opinion of the Court
The Chancellor :—An objection is made to the jurisdiction of this court, on the ground that the complainant’s remedy is by an action of trover, in a court of law. The accidental.obliteration of the marks upon the cotton, which rendered it impossible to ascertain to which of the various owners of the cargo the part saved belonged, together with the complicated rights of the different parties in interest, made the plaintiff’s remedy at law at least doubtful, and certainly very difficult. These alone would be sufficient grounds to sustain the jurisdiction of this court. Weymouth v. Boger, 1 Ves.…
2Cited by11 opinions
- Davis v. WakeleeSupreme Court of the United States · 1895
- Wallace v. HarrisMichigan Supreme Court · 1875
- Ewing v. City of St. LouisSupreme Court of the United States · 1867
- Lide v. HadleySupreme Court of Alabama · 1860
- Osman v. TraphagenMichigan Supreme Court · 1871
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