Brown v. Gray
New York Supreme Court
Appeal from special term, New York county. Action by John Crosby Brown and others against James Gray,. John Stephens, and Henry Mauson, impleaded with others, to enforce certain maritime liens. From orders directing defendants-to deposit with the Central Trust Company of New York all moneys-collected on account of freight, less certain charges for wharfage,, lighterage, and port charges, defendants appeal.
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Appeal from special term, New York county. Action by John Crosby Brown and others against James Gray,. John Stephens, and Henry Mauson, impleaded with others, to enforce certain maritime liens. From orders directing defendants-to deposit with the Central Trust Company of New York all moneys-collected on account of freight, less certain charges for wharfage,, lighterage, and port charges, defendants appeal. The United States & Brazil Steamship Company is a corporation organized under the laws of this state, and when the transactions occurred out of which this litigation arises it was a common…
1Opinion of the CourtFollett, J.
Under the charter parties the owners of the vessels had liens on the freight moneys for the sums due them for the use of their ships. 4,885 Bags of Linseed, 1 Black, 108; The Bird of Paradise, 5 Wall. 545. By the terms of the charter parties the vessels were to be navigated by officers and crews furnished by the owners, and at their expense, and at the time when the owners enforced their liens upon the freight they had legal possession of the ships. In Clarkson v.. Edes, 4 Cow. 470, it was held, that when by the terms of a charter party a vessel is to be navigated at the expense .of the…
2Cases cited4 opinions
- The Hine v. TrevorSupreme Court of the United States · 1867
- The Bird of ParadiseSupreme Court of the United States · 1867
- 4,885 Bags of LinseedSupreme Court of the United States · 1861
- Clarkson v. EdesNew York Supreme Court · 1825
3Cited by4 opinions
- Gray v. Freights of the KateDistrict Court, S.D. New York · 1894
- Bank of British North America v. FreightsCourt of Appeals for the Second Circuit · 1905
- Brown v. The AlliancaDistrict Court, S.D. New York · 1894
- Huntington v. Freights of the VigilanciaDistrict Court, S.D. New York · 1894