China Mutual Insurance v. Force
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 November 28, 1892, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs, insurers of the cargo of the bark QvÁseppe Arma, to recover of defendants a portion of the proceeds of the sale of said cargo, which had been collected by their agent and paid to them.
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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 November 28, 1892, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs, insurers of the cargo of the bark QvÁseppe Arma, to recover of defendants a portion of the proceeds of the sale of said cargo, which had been collected by their agent and paid to them. The Italian bark “ Guiseppe Anna ” was chartered at the city of New York, in April 1889, through a charter party made…
1Opinion of the CourtGray, J.
The principal question, which is presented for our consideration, relates to the effect which should be allowed to the decrees of the Vice Admiralty Court in Rangoon. FTo question is made about its exercise of jurisdiction in seizing and ordering the sale of the vessel, cargo etc.; neither is any question made as to the rights of the salvor to receive salvage moneys out of the fund in the registry of the court. The ■question is whether, after seizure and sale of the property and -the award of salvage moneys, the Admiralty Court could summarily proceed upou the application of the Chartered…
2Cases cited8 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Sheppard and Others v. Taylor and OthersSupreme Court of the United States · 1831
- Dyke v. Erie Railway Co.New York Court of Appeals · 1871
- The SybilSupreme Court of the United States · 1819
- The TornadoSupreme Court of the United States · 1883
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- Missouri, Kansas & Texas Railway Co. v. Hutchings, Sealy & Co.Supreme Court of Kansas · 1908
- Grand v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1896
- Fish v. . D., L. W.R.R. Co.New York Court of Appeals · 1914
- E. B. Hauck Clothing Co. v. SharpeMissouri Court of Appeals · 1900
- Fish v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1914
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