Decisions in the High Court of Admiralty, During the Time of Sir George Hay, And of Sir James Marriott, Late Judges of That Court
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10 1 Bar. & Aid. 575.
ii 2 P. Wms. 367. 12 1 Ves. sen. 155.
98 CASES ABGUED AND DETERMINED The Neptune. 3 Knapp.
lien on the proceeds of her sale, Lord Hardwicke states it as one of the questions in the cause, whether the money arising from [*98] the sale should be answerable to the * plaintiff; and then, after laying down the law, that the ship itself would not be liable, he proceeds to say, " If, therefore, the body of the ship is not liable or hypothecated, how can the money arising by sale ...be affected or followed, the one being consequential of the other 1 so that the foundation of an equity arising for the plaintiff, fails." In Ex parte Shank, 1 Lord Hardwicke went still further than in the preceding case, for there the person who had repaired the ship, and claimed a lien on it in consequence, had actually got the proceeds of the sale into his own hands ; and yet Lotd Hardwicke obliged him to refund it to the assignees of the owner, who was a bankrupt,, and ordered him to prove under the commission for the amount due to him for repairs.
What to read after Decisions in the High Court of Admiralty, During the Time of Sir George Hay, And of Sir James Marriott, Late Judges of That Court?
You can find similar books in the "Read Also" column, or choose other free books by Great Britain. High Court of Admiralty to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
10 1 Bar. & Aid. 575.
ii 2 P. Wms. 367. 12 1 Ves. sen. 155.
98 CASES ABGUED AND DETERMINED The Neptune. 3 Knapp.
lien on the proceeds of her sale, Lord Hardwicke states it as one of the questions in the cause, whether the money arising from [*98] the sale should be answerable to the * plaintiff; and then, after laying down the law, that the ship itself would not be liable, he proceeds to say, " If, therefore, the body of the ship is not liable or hypothecated, how can the money arising by sale ...be affected or followed, the one being consequential of the other 1 so that the foundation of an equity arising for the plaintiff, fails." In Ex parte Shank, 1 Lord Hardwicke went still further than in the preceding case, for there the person who had repaired the ship, and claimed a lien on it in consequence, had actually got the proceeds of the sale into his own hands ; and yet Lotd Hardwicke obliged him to refund it to the assignees of the owner, who was a bankrupt,, and ordered him to prove under the commission for the amount due to him for repairs.
What to read after Decisions in the High Court of Admiralty, During the Time of Sir George Hay, And of Sir James Marriott, Late Judges of That Court?
You can find similar books in the "Read Also" column, or choose other free books by Great Britain. High Court of Admiralty to read onlineMoreLess
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