Legal Opinion

Thompson v. Van Vechten

The Superior Court of New York City

Decided March 24, 1860Published

This is an appeal by the plaintiff, and also by some of the defendants, from a judgment entered November 4, 1857, on a trial had before Mr. Justice Hoitman, without a jury.

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This is an appeal by the plaintiff, and also by some of the defendants, from a judgment entered November 4, 1857, on a trial had before Mr. Justice Hoitman, without a jury. George J. S. Thompson, is the plaintiff, and Abraham Van Vechten, John Van .Vechten, Nicholas Elmendorf, Marius Schoonmaker, James H. Elmore, George Birkbeck, Jr., Prosper P. Shaw, Robert P. Parrott, John Griffiths, Sheriff of the county of Ulster, and John Orser, Sheriff of the city and county of New York, are the defendants. It was commenced about the 28th of September, 1855. The complaint states that the plaintiff is…

1Opinion of the Court

Bosworth, Ch. J.

By the judgment appealed from, it is adjudged that the claims of the several parties to the proceeds of the Alida (which may remain after satisfying the sum directed to be paid to and retained by the Receiver,) rank in the order of priority as follows:

1. Abraham Van Vechten’s for $5,545, and interest from July 29th, 1854, as due on the Drew mortgage, (being a mortgage dated October 30th, 1852, and executed by William Masten, N. Elmendorf and M. Schoonmaker to D. Drew.) This was recorded in the custom-house, November 2d, 1852, and was filed in the town where the mortgagors…

2Cases cited4 opinions

  1. Evans v. EllisCourt for the Trial of Impeachments and Correction of Errors · 1846
  2. Ray v. BirdseyeCourt for the Trial of Impeachments and Correction of Errors · 1846
  3. Ellis v. MesservieNew York Court of Chancery · 1845
  4. Kendall v. HodginsThe Superior Court of New York City · 1858

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