Taft v. . Marsily
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 23, 1888, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and ordered a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 23, 1888, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term, and ordered a new trial. Prior to August, 1867, the defendants Englehorn and JVIarsily were copartners in business, and, as such copartners, between April 13, 1861, and April 9, 1865, paid to certain underwriters of marine insurance, extra premiums for insurance against capture or destruction of property of the firm by Confederate cruisers. In…
1Opinion of the CourtBrown, J.
The plaintiff was not a party to the proceeding before the Court of Commissioners of Alabama Claims and the judgment of that tribunal making an- award to the defendants is not binding upon him.
The only effect of that judgment was to fix the amount and validity of the claim as against the United States, and set apart and identify the fund for the benefit of whoever might ultimately prove to be entitled to it under the proper construction of the Statute. (Comegys v. Vasse, 1 Pet. 193.)
It ivas said in the case cited that “ the validity and amount of the claim being once ascertained by their ”…
2Cases cited8 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Phelps v. McDonaldSupreme Court of the United States · 1879
- Heirs of Emerson v. HallSupreme Court of the United States · 1839
- Brooks v. AhrensCourt of Appeals of Maryland · 1888
- Leonard v. NyeMassachusetts Supreme Judicial Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Williams v. HeardSupreme Court of the United States · 1891
- Reed & Co. v. HarshallCalifornia Court of Appeal · 1910
- Harlan v. ArcherCourt of Appeals for the Fourth Circuit · 1935
- Manning v. LeightonSupreme Court of Vermont · 1891
- Campbell v. United StatesUnited States Court of Claims · 1893
3 more not listed; retrieve them via the Exa API.