New York Court of Appeals

Walter S. Vose and James T. Joyce, Respondents v. Jacob H. v. Cockcroft and Arthur Leary, Appellants

May 1, 187144 N.Y. 415

Summary

The Court affirmed the judgment for the plaintiffs, holding that the defendants waived any constitutional challenge to the state statute authorizing attachment and bond by stipulating to its validity and failing to raise the issue at trial. Consequently, the bond is enforceable despite the statute’s conflict with the exclusive federal admiralty jurisdiction. A concurrence agreed with the result but emphasized the bond’s enforceability as a common‑law remedy.