Legal Opinion

Van Bokkelin v. Ingersoll

Court for the Trial of Impeachments and Correction of Errors

Decided September 15, 1830PublishedCited by 18 opinions

Ingersoll sued Van Bokkelin in the supreme court in an action of trover for 50 hogsheads of tobacco, which Van Bokkelin had received of Ingersoll on storage, for account and subject to the order of Ingersoll, as expressed in a receipt given by Van Bokkelin.

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Ingersoll sued Van Bokkelin in the supreme court in an action of trover for 50 hogsheads of tobacco, which Van Bokkelin had received of Ingersoll on storage, for account and subject to the order of Ingersoll, as expressed in a receipt given by Van Bokkelin. The following facts were found by a special verdict: Robert Elwell, of Boston, was the owner of a brig called the William, Henry; Barker and Hopkins, of New-York, were the agents of Elwell, who, on 3d June, 1822, engaged Ingersoll to take command of the brig as master on a voyage to New-Orleans for a compensation of $40 pei- month, and all…

1Opinion of the Court

The following opinions were delivered:

By the Chancellor.

The questions arising from the facts in this case are, 1. Whether the master was a wrongdoer, so as to deprive him of any claim upon the owners or otherwise, for his wages and advances; 2. Had he any lien on the brig or freight for the wages, primage and advances, or either of them ? and 3. Does the decree of the admiralty court deprive him of any right which he otherwise might have had against the defendant at the time this suit was commenced 1

*322The master was engaged for the voyage, and was put in possession of the brig on the 3d of…

2Cases cited2 opinions

  1. Lewis v. HancockMassachusetts Supreme Judicial Court · 1814
  2. Milward v. HallettNew York Supreme Court · 1804

3Cited by18 opinions

  1. Johnson v. Pensacola & Perdido RailroadSupreme Court of Florida · 1878
  2. Altman v. . HofellerNew York Court of Appeals · 1897
  3. City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1903
  4. The LarchU.S. Circuit Court for the District of Maine · 1855
  5. Hurlbut v. WilcoxWisconsin Supreme Court · 1865

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