Legal Opinion

Kimball v. Farmers & Mechanics' National Bank

New York Court of Appeals

Decided June 13, 1893PublishedCited by 11 opinions

Appeal from order of the General Term of the Superior Court of Buffalo, made December 28, 1891, which reversed a judgment in favor of defendant entered upon the report of a referee and granted a new trial. This action was brought to recover freight moneys earned by the schooner George D. Russell, and received by defendant.

1Opinion of the CourtO’Brien, J.

This appeal involves but a single question and that is the right to a fund representing freight earned by a vessel, each party claiming to be entitled to it. The material facts out of which the controversy arises are these: On December 22, 1871, Mrs. Sarah E. Kims being the owner of the schooner George D. Bussell, mortgaged her to the firm of George D. Bussell & Oo. to secure the payment of her three notes of $2,000 each, payable, respectively, one, two . and three years from date. The mortgage was duly recorded in the proper office January 31, 1872, and on December 21, ' 1872, was duly…

2Cases cited12 opinions

  1. Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
  2. McCaffrey v. . WoodinNew York Court of Appeals · 1875
  3. Scarff v. . MetcalfNew York Court of Appeals · 1887
  4. Butler & Vosburgh v. MillerNew York Court of Appeals · 1848
  5. Stover v. EycleshimerNew York Court of Appeals · 1867

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3Cited by11 opinions

  1. Hinkle Iron Co. v. . KohnNew York Court of Appeals · 1920
  2. Gray v. Freights of the KateDistrict Court, S.D. New York · 1894
  3. Cook v. Commercial Casualty Ins.Court of Appeals for the Fourth Circuit · 1947
  4. Gray v. Proceeds of the AdvanceDistrict Court, S.D. New York · 1894
  5. In re the Estate of StrangeNew York Surrogate's Court · 1937

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