Ryan v. Hook
New York Supreme Court
Appeal from a judgment in favor of the defendant, rendered npon a trial before the court, without a jury, at the Oneida Circuit in March, 1880. This was an action of replevin to recover the possession of a canal boat known as the “¥m. Roberts.” The plaintiff claimed title’to1 said boat by virtue of a sale made -in September, 1878, pursuant to a decree in admiralty of the United States District Court for the eastern district of New York.
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Appeal from a judgment in favor of the defendant, rendered npon a trial before the court, without a jury, at the Oneida Circuit in March, 1880. This was an action of replevin to recover the possession of a canal boat known as the “¥m. Roberts.” The plaintiff claimed title’to1 said boat by virtue of a sale made -in September, 1878, pursuant to a decree in admiralty of the United States District Court for the eastern district of New York. The defendant’s claim of title thereto was under a sale in October, 1878, upon the foreclosure of a chattel mortgage, dated August 24, 1875, and given to…
1Opinion of the Court
Vann, J.:
This case comes before us on the judgment record, exceptions to ■the findings and the notice of appeal, without any of the evidence. No question is raised, on the one hand, as to the validity of the chattel mortgage or the foreclosure thereof, or, on the other, as to the regularity of procedure in the District Court. The main question presented is whether the Admiralty Court had jurisdiction to -seize and sell the canal boat “Win. Roberts.”
The Federal Constitution provides that the judicial power of the United States shall extend to all cases of admiralty and maritime *187Jurisdiction.…
2Cases cited9 opinions
- United States v. BowenSupreme Court of the United States · 1880
- The MontelloSupreme Court of the United States · 1871
- Frost v. . MottNew York Court of Appeals · 1866
- The Arctic Fire Ins. Co. v. . AustinNew York Court of Appeals · 1877
- Johnson v. . CarnleyNew York Court of Appeals · 1854
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