Ingersoll v. Van Bokkelin
New York Supreme Court
Trover, for 50 hogsheads of tobacco. A verdict was *a‘*cerL f°r the plaintiff, by consent, for $8000, subject to *the opinion of this, court upon the following case; with liberty to the court, to modify the verdict as to the amount, in such manner as they might see fit; or to order judgment of non-suit, or as on verdict for the defendant, if, in their opinion, the plaintiff should not be entitled to recover, and with leave to either party to turn the case into a special…
Read the full summary
Trover, for 50 hogsheads of tobacco. A verdict was *a‘*cerL f°r the plaintiff, by consent, for $8000, subject to *the opinion of this, court upon the following case; with liberty to the court, to modify the verdict as to the amount, in such manner as they might see fit; or to order judgment of non-suit, or as on verdict for the defendant, if, in their opinion, the plaintiff should not be entitled to recover, and with leave to either party to turn the case into a special verdict or bill of exceptions: The plaintiff, Ingersoll, was commander of the brig William Henry; and it appeared in…
1Opinion of the Court
Curia, per Sutherland, J.
The plaintiff contends, first, *676that, -as master of the brig, he had a right to receive the earned by her, with the primage due; and that this .establishes a legal title in him- to the goods in question, to exf¡ent 0f gyCh freight and primage ; and that the defendant cannot avail himself of the legal or equitable claim which Shaw, as the owner of the vessel, might have on the plaintiff, or the persons who originally employed him; and that the evidence in relation to the claims of Shaw, was, therefore, improperly admitted. And, secondly, admitting that this evidence was…
2Cases cited5 opinions
- Hodgson v. ButtsSupreme Court of the United States · 1805
- Lewis v. HancockMassachusetts Supreme Judicial Court · 1814
- Lyle v. BarkerSupreme Court of Pennsylvania · 1813
- Milward v. HallettNew York Supreme Court · 1804
- Cowing v. SnowMassachusetts Supreme Judicial Court · 1814
3Cited by17 opinions
- Treadwell v. DavisCalifornia Supreme Court · 1868
- Northern Pac. R. Co. v. LewisCourt of Appeals for the Ninth Circuit · 1892
- Thacher v. MoorsMassachusetts Supreme Judicial Court · 1883
- The LarchU.S. Circuit Court for the District of Maine · 1855
- Southern Express Co. v. CraftMississippi Supreme Court · 1873
12 more not listed; retrieve them via the Exa API.