Cashmere v. De Wolf
The Superior Court of New York City
The complaint in this cause was exhibited by Abdoolah Cashmere, of Bombay in Hindoostan, against Thomas Crowell and Thomas L. De Wolf. It stated, that in May, 1847, the plaintiff shipped on board a British ship, the Lady Kennaway, one case, containing six long and eleven square cashmere shawls, belonging to him, of the value of $3500 to $4000, to be delivered at the port of London to Forbes, Forbes & Co., as his factors.
Read the full summary
The complaint in this cause was exhibited by Abdoolah Cashmere, of Bombay in Hindoostan, against Thomas Crowell and Thomas L. De Wolf. It stated, that in May, 1847, the plaintiff shipped on board a British ship, the Lady Kennaway, one case, containing six long and eleven square cashmere shawls, belonging to him, of the value of $3500 to $4000, to be delivered at the port of London to Forbes, Forbes & Co., as his factors. That during the course of the voyage, and on the 16th of November, 1847, within a short distance of the English coast, the ship was entered upon by the officers and crew of…
1Opinion of the CourtBy the Court. Sandford, J.
The defendant contends that this court has no jurisdiction, because the lien claimed by Crow-ell and his associates, is for salvage of a cargo, derelict at sea; and th.e jurisdiction is exclusively in the court of admiralty. It is not denied that in England, the courts of common law have concurrent jurisdiction with the admiralty, courts, in determining questions, of salvage; but it is claimed to be otherwise here, by force of the constitution of the United States and the Judiciary Act of 1789.
In determining this point, the relative convenience of the respective tribunals is not important.…
2Cases cited6 opinions
- De Lovio v. BoitU.S. Circuit Court for the District of Massachusetts · 1815
- The Bello Corrunes. The Spanish ConsulSupreme Court of the United States · 1821
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- The Schooner Adeline & CargoSupreme Court of the United States · 1815
- Percival v. HickeyNew York Supreme Court · 1820
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Baker v. . HoagNew York Court of Appeals · 1853
- Studley v. BakerDistrict Court, D. Massachusetts · 1873