Legal Opinion

American Insurance v. Coster

New York Court of Chancery

Decided May 28, 1831PublishedCited by 7 opinions

The bill in this cause was filed by the complainants to obtain a portion of the proceeds of the sale of the ship Adonis. The cause was heard upon bill and answer, as to the defendants who had any real interest in the controversy.

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The bill in this cause was filed by the complainants to obtain a portion of the proceeds of the sale of the ship Adonis. The cause was heard upon bill and answer, as to the defendants who had any real interest in the controversy. The facts, as they appeared from the pleadings, were-as follows : About the first of March, 1822, the defendants, J. G. Coster and R. M. Lawrence, together with J. Jones and J. Clinch then composing the firm of Jones & Clinch, and W. C. Barker and R. Hopkins, partners under the name of Barker & Hopkins, agreed to undertake a mercantile adventure to Calcutta, and…

1Opinion of the Court

The Chancellor.

By the two several assignments to Nicholl & Bcovill and to Chase & McQueen, in August, 1822, they acquired the entire interest of the two insolvent firms in the ship Adonis; but as it has resulted, they took no interest whatever in the cargo, the whole of the share of the two firms in that being insufficient to discharge the complainants admitted lien thereon. Those assignees cannot, however, in any event, be personally liable to the complainants beyond the sums actually received by them out of the proceeds of the sale of the ship. If it had appeared that they were part owners…

2Cases cited1 opinion

  1. Van Bokkelin v. IngersollCourt for the Trial of Impeachments and Correction of Errors · 1830

3Cited by7 opinions

  1. Wolffe v. LoebSupreme Court of Alabama · 1893
  2. The BostonDistrict Court, S.D. New York · 1832
  3. Cutler v. RaeSupreme Court of the United States · 1849
  4. Kennedy v. EilauNew York Court of Common Pleas · 1863
  5. The FannyDistrict Court, S.D. New York · 1841

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