Cases Argued And Determined in the Court for the Trial of Impeachments And Correction of Errors in the State of New-York [1796-1805]
Cases Argued And Determined in the Court for the Trial of Impeachments And Correction of Errors in the State of New-York [1796-1805]
New York (State ). Supreme Court
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a bonajide purchaser, does not alter the question. — — I L^ He takes the title of his vendor, and stands exactly in his situation. Therefore, as to the effect of the bottomry, Delavigne and TVilliams are to be consid*- Cred as one person, and the property equally affected by the lien, whether in the hands of one or the othen It is like the common case of a purchase of a chattel from an apparent owner. The vendee, unless it be sold in a market overt, takes it subject to the rights of third perso...ns. The defendant, therefore, could acquire no greater interest under the sale, than that which Delavigne could dispose of; that is, the surplus va- lue beyond the hypothecation. To the extent of the bottomry bond, the holder of the bond is owner of the vessel ; and herein it differs from a mortgage.— This will appear by adverting to a bottomry bond, which is, in effect, a species of insurance, nay, its twin-brother. In the former, the money is advanced before the loss ; in the latter, after.
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