Gould v. Jacobson
Michigan Supreme Court
Error to Saginaw. (Gage, J.) Replevin. Defendants bring error. The legislature of any state has a right to pass laws giving liens on vessel property, and when a state has by its laws given such liens, admiralty courts can enforce them : Desty’s Shipping § 87, n. 11; The General Smith 4 Wh. 444; The Aurora 1 Wh. 96; Peyroux v. Howard 7 Pet. 324; New Jersey S. & Go. v. Merck. Bank 6 How. 390 ; The Lottawanna 21 Wall. 558; The Garland 5 Fed. Rep. 924; The Gxáding Star 18 Fed.
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Error to Saginaw. (Gage, J.) Replevin. Defendants bring error. The legislature of any state has a right to pass laws giving liens on vessel property, and when a state has by its laws given such liens, admiralty courts can enforce them : Desty’s Shipping § 87, n. 11; The General Smith 4 Wh. 444; The Aurora 1 Wh. 96; Peyroux v. Howard 7 Pet. 324; New Jersey S. & Go. v. Merck. Bank 6 How. 390 ; The Lottawanna 21 Wall. 558; The Garland 5 Fed. Rep. 924; The Gxáding Star 18 Fed. Rep. 263-269; The Champion, Brown’s Adm. 520 ; rafts of timber, dredges and scows, though never used in the transfer of…
1Opinion of the CourtSherwood, J.
The action in this case is replevin to obtain possession of a steamboat called “Pickwick,” upon which Amos Gould, in his life-time, held a chattel mortgage. The claim made by the plaintiff is that Amos Gould, before he died, sold the boat Pickwick to defendant Charles Jacobson, a resident of St. Clair county, Michigan, for $700, and took back a mortgage thereon for the entire purchase price. Jacob*290son made but one payment of interest. The mortgage was made March 3, 1882, and renewed each year by making the affidavit required for that purpose. At the time of bringing this suit the entire amount…
2Cases cited8 opinions
- The LottawannaSupreme Court of the United States · 1875
- Galpin v. PageSupreme Court of the United States · 1874
- Ex Parte EastonSupreme Court of the United States · 1877
- Hornthall v. CollectorSupreme Court of the United States · 1870
- Stickney v. WiltSupreme Court of the United States · 1874
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3Cited by2 opinions
- Johnson v. . WhildenSupreme Court of North Carolina · 1916
- Schweihofer v. ZacharyMichigan Court of Appeals · 1981