Pacific Mail Steamship Co. v. Leuling
New York Court of Common Pleas
Motion to set aside discontinuance. This action was brought by the plaintiffs against Charles Leuling and others for equitable relief to permit the plaintiffs to redeem steamships belonging to them from a lien under which the defendants were about to sell them, and, as was alleged, threatened to sell them together.
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Motion to set aside discontinuance. This action was brought by the plaintiffs against Charles Leuling and others for equitable relief to permit the plaintiffs to redeem steamships belonging to them from a lien under which the defendants were about to sell them, and, as was alleged, threatened to sell them together. The plaintiffs obtained an injunction, the effect of which was to require the defendants to sell the steamships separately ; and the sale was delayed some weeks by the injunction. After a motion by the defendants to increase the security originally given by the plaintiffs upon the…
1Opinion of the CourtBrady, J.
I have not been able to arrive definitely at the conclusion that the defendants have interposed a counter - claim in this action which can be enforced against the -plaintiffs. The plaintiffs’ relations to the North American Lloyd Steamship Company, and those of the defendants to that company, and the rights and liabilities of the parties hereto, acquired by the agreement in reference to the organization of a new company, will be necessarily involved in any investigation of the counter-claim; and it seems to me, although I think I am not called upon to decide the question upon this mo*39tion,…
2Cases cited7 opinions
- Methodist Churches of New York v. . BarkerNew York Court of Appeals · 1858
- Cummins v. BennettNew York Court of Chancery · 1840
- M'Kenster v. Van ZandtNew York Supreme Court · 1828
- Seaboard & Roanoake R. R. Co. v. WardNew York Supreme Court · 1854
- Van Alen v. SchermerhornNew York Supreme Court · 1856
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