Legal Opinion

Murray & Murray v. Toland & Meade

New York Court of Chancery

Decided November 13, 1818PublishedCited by 15 opinions

IN February, 1813, the defendants, Henry Poland, jun. of Philadelphia, and Richard IV. Meade, an American citi zen, residing at Cadiz, were joint owners of 500 pieces of block tin, 236 pieces belonging to P., and 264 pieces to M., then lying in Cadiz.

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IN February, 1813, the defendants, Henry Poland, jun. of Philadelphia, and Richard IV. Meade, an American citi zen, residing at Cadiz, were joint owners of 500 pieces of block tin, 236 pieces belonging to P., and 264 pieces to M., then lying in Cadiz. W. L. Hodge, agent of P. at Cadiz, and supercargo of the ship William, agreed with M. to ship the tin on board the William, consigned to P., and the tin was accordingly shipped, and the invoice and bill of lading expressed, that it was consigned to P. of Philadelphia, for the account and risk of M. $f P. in their respective proportions, above…

1Opinion of the Court

The cause stood over for consideration until this day.

The Chancellor.

The bill was filed to stay the suit at law brought by the present defendant, Toland, to recover the proceeds of the goods which he had committed to the plaintiffs to sell.

1. The first point which arises for discussion is, whether the plaintiffs can retain those proceeds, or any part of them, against Toland, in consequence of a demand which one of the plaintiffs advances against Meade, who had an interest in those goods.

The goods belonged to Meade fy Toland, in nearly equal *573proportions, and were sent from Cadis, in Spain, by…

2Cases cited1 opinion

  1. Winchester v. HackleySupreme Court of the United States · 1805

3Cited by15 opinions

  1. State v. Illinois Central RailroadIllinois Supreme Court · 1910
  2. Langdon v. Roane's Adm'rSupreme Court of Alabama · 1844
  3. Anding v. LevyMississippi Supreme Court · 1879
  4. Braithwaite v. AkinNorth Dakota Supreme Court · 1893
  5. Gates v. McClenahanSupreme Court of Iowa · 1904

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