Kimball v. Farmers & Mechanics' National Bank
New York Court of Appeals
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
- Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
- McCaffrey v. . WoodinNew York Court of Appeals · 1875
- Scarff v. . MetcalfNew York Court of Appeals · 1887
- Butler & Vosburgh v. MillerNew York Court of Appeals · 1848
- Stover v. EycleshimerNew York Court of Appeals · 1867
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3Cited by11 opinions
- Hinkle Iron Co. v. . KohnNew York Court of Appeals · 1920
- Gray v. Freights of the KateDistrict Court, S.D. New York · 1894
- Cook v. Commercial Casualty Ins.Court of Appeals for the Fourth Circuit · 1947
- Gray v. Proceeds of the AdvanceDistrict Court, S.D. New York · 1894
- In re the Estate of StrangeNew York Surrogate's Court · 1937
6 more not listed; retrieve them via the Exa API.