Hudson v. New York & Albany Transp. Co.
Court of Appeals for the Second Circuit
Appeal from the. Circuit Court of the United States for the Southern District of New York. Action by George P. Hudson against the New York & Albany Transportation Company and others, in which the Empire Trust Company, as trustee, intervenes.
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Appeal from the. Circuit Court of the United States for the Southern District of New York. Action by George P. Hudson against the New York & Albany Transportation Company and others, in which the Empire Trust Company, as trustee, intervenes. From an order directing a receiver’s sale of property, and an order confirming the sale, the intervener appeals. . -This cause comes here upon appeals from an order directing the sale by a receiver of certain property and from an order confirming said sale. ' Complainant, as a stockholder of the New York & Albany Transportation Company and the holder of…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). We think it was most unfortunate that the sale was had subject to all maritime and state liens. The circuit judge so ordered evidently,because he was satisfied that he had no power to sell the res free from any of them, leaving the lien to apply to proceeds. It is undoubtedly true that proceedings against vessels in rem to enforce maritime liens are vested exclusively in the District Courts of the United States. The circuit judge cites Moran v. Sturges, 154 U. S. 356, 14 Sup. Ct. 1019, 38 L,. Ed. 981, and there are many other authorities on the brief all…
2Cases cited3 opinions
- Moran v. SturgesSupreme Court of the United States · 1894
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Berwind-White Coal Mining Co. v. Metropolitan S. S. Co.U.S. Circuit Court for the District of Maine · 1908
3Cited by9 opinions
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- Universal Oil Ltd. v. Allfirst BankCourt of Appeals for the Second Circuit · 2005
- Morgan Guaranty Trust Co. v. Hellenic Lines Ltd.District Court, S.D. New York · 1984
- The PhilomenaDistrict Court, D. Massachusetts · 1911
- In re Interocean Transp. Co. of AmericaDistrict Court, S.D. New York · 1916
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