Clark v. Mauran
New York Court of Chancery
This was an appeal from the decree of the late vice chancellar of the first circuit. The decree was founded upon a bill of interpleader, filedhy the master of the brig General Paez, to compel the defendants to litigate and settle their conflicting claims to fifty Spanish doubloons, shipped on board his vessel at Curacoa.
Read the full summary
This was an appeal from the decree of the late vice chancellar of the first circuit. The decree was founded upon a bill of interpleader, filedhy the master of the brig General Paez, to compel the defendants to litigate and settle their conflicting claims to fifty Spanish doubloons, shipped on board his vessel at Curacoa. The facts, as agreed upon by the parties, were as follows : Previous to June, 1839, Hodges, a shipping merchant of Providence, R. I. had extensive commercial dealings with the defendant Mauran; and about the sixth of that month was indebted to him in an amount exceeding…
1Opinion of the Court
The Chancellor.
The general question as to the right -of a consignor to stop goods in transitu does not arise in this case. In the eases in which that question arises, the claim of the seller or consignor is founded on the supposition that he has parted with the legal interest in the property; but that under the circumstances he has an equitable claim to revest the property in himself, or at least to prevent its going into the actual possession of the consignee until the price is paid. (Per Buller, J., 6 East's Rep. 27, n.) The right of the consignor to stop in transitu is limited to the case…
2Cases cited2 opinions
- Summeril v. ElderSupreme Court of Pennsylvania · 1804
- Walter v. RossU.S. Circuit Court for the District of Pennsylvania · 1808
3Cited by19 opinions
- Pierce v. RobinsonCalifornia Supreme Court · 1859
- Patton v. RuckerTexas Supreme Court · 1867
- Landon v. . TownshendNew York Court of Appeals · 1889
- Rogers v. Hosack's ExecutorsNew York Supreme Court · 1837
- Pope v. HuthCalifornia Supreme Court · 1859
14 more not listed; retrieve them via the Exa API.