Westervelt v. . Phelps
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme. Court in the first judicial department, entered Decernber 6, 1900, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Defendants are bound to recognize Lagaña & Co. as holding the legal title to the proceeds of sale of the lemons.
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Appeal from a judgment of the Appellate Division of the Supreme. Court in the first judicial department, entered Decernber 6, 1900, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. Defendants are bound to recognize Lagaña & Co. as holding the legal title to the proceeds of sale of the lemons. (Bank of Boston v. L. E. & W. R. R. Co., 106 N. Y. 195; M. & T. Bank v. F. Bank, 60 N. Y. 40; F. & M. Bank v. Hazeltine, 78 N. Y. 104; F. & M. Nat. Bank v. Logan, 74 N. Y. 568;…
1Opinion of the CourtVann, J.
The persons who compose the firm of W. H. Westervelt & Company, united with the sheriff of the city and county of Hew York in bringing this action against the persons composing the firm of Phelps Brothers & Company, to recover the proceeds of certain merchandise consigned to the latter, which had been levied upon by the sheriff under an attachment issued in behalf of the plaintiffs’ firm against the property of one Vincenzo Canepa, a non-resident debtor. The merchandise, consisting of 190 boxes of lemons, was shipped by Canepa from Palermo, Italy, on one of the defendants’ vessels to be…
2Cases cited5 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Farmers and Mechanics' Nat. Bank v. . LoganNew York Court of Appeals · 1878
- Price v. . PowellNew York Court of Appeals · 1850
- Adams v. . Roscoe Lumber Co.New York Court of Appeals · 1899
- Bailey v. . Hudson River R.R. Co.New York Court of Appeals · 1872
3Cited by6 opinions
- People Ex Rel. Gleason v. . ScannellNew York Court of Appeals · 1902
- Clements v. DoblinAppellate Division of the Supreme Court of the State of New York · 1924
- Beach v. Supreme Tent of Knights of Maccabees of the WorldAppellate Division of the Supreme Court of the State of New York · 1902
- Sheldon v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1909
- Hunt v. . HayNew York Court of Appeals · 1915
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