Brookman v. . Hamill
New York Court of Appeals
Appeal from a judgment of the Supreme Court, at General Term, in the first district, reversing a judgment in favor of the plaintiffs, entered on the verdict of a jury. The action was brought upon a bond given to discharge a vessel from an attachment issued in pursuance of the “ act to provide for the collection of demands against ships and vessels,” passed April 24, 1862. The claim of the attaching creditor was for wharfage of the vessel at the port of Hew York.
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Appeal from a judgment of the Supreme Court, at General Term, in the first district, reversing a judgment in favor of the plaintiffs, entered on the verdict of a jury. The action was brought upon a bond given to discharge a vessel from an attachment issued in pursuance of the “ act to provide for the collection of demands against ships and vessels,” passed April 24, 1862. The claim of the attaching creditor was for wharfage of the vessel at the port of Hew York. It is admitted by the pleadings that she was a sea-going or ocean-bound vessel. The question litigated at the trial was, whether the…
1Opinion of the CourtRapallo, J.
The principle upon which the decision of this court, in the case of Bird v. The Steamboat Josephine, is founded, appears, from the opinion of the Supreme Court in the first' district, in the case of Ferran v. Hosford, which was followed in the present case, to have been somewhat misapprehended. It is stated, in the opinion referred to, that this court decided, in the case of The Josephine, “ that a statute passed by a State legislature, conferring the right to a lien on a vessel, and to proceed against her by name, whatever map be the nature of the claim, is unconstitutional and voidand “…
2Cases cited8 opinions
- The Moses TaylorSupreme Court of the United States · 1867
- Waring v. ClarkeSupreme Court of the United States · 1847
- The BelfastSupreme Court of the United States · 1869
- People's Ferry Company of Boston v. BeersSupreme Court of the United States · 1858
- The Hine v. TrevorSupreme Court of the United States · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- The Robert W. ParsonsSupreme Court of the United States · 1903
- The Kate TremaineDistrict Court, E.D. New York · 1871
- Delaney v. . BrettNew York Court of Appeals · 1872
- Stevenson v. MorganNebraska Supreme Court · 1903
- Endner v. GrecoDistrict Court, S.D. New York · 1880
31 more not listed; retrieve them via the Exa API.