The West Mount
Court of Appeals for the Second Circuit
Appeals from the District Court of the United States for the Eastern District of New York. Eibels by the Mears Towing Company, Inc., by Andrew H. Mills, Inc., by the Red Hook Towing Company, by Edward M. Timmins, as managing owner, etc., of the steam tug John J. Timmins, and by Edward M. Timmins, as managing owner, etc., of the steam tug Mutual, against the steamship West Mount, in each of which the United States was claimant.
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Appeals from the District Court of the United States for the Eastern District of New York. Eibels by the Mears Towing Company, Inc., by Andrew H. Mills, Inc., by the Red Hook Towing Company, by Edward M. Timmins, as managing owner, etc., of the steam tug John J. Timmins, and by Edward M. Timmins, as managing owner, etc., of the steam tug Mutual, against the steamship West Mount, in each of which the United States was claimant. From decrees therein, awarding libelant salvors $85,-000. the claimant in each case appeals. These suits were brought by the owners (for themselves and the crews) of…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). It was asserted at bar that the decrees complained of were entered upon the consent or agreement of the advocates who tried (as a consolidatd case) these five claims for salvage. Alter calling for statements from *170ctll of said advocates, and from the trial judge, we are satisfied that, although the District Court believed that an agreement had been reached, it cannot be asserted as a fact that there was any concert of minds to the effect that (1) the services alleged were salvage services, and (2) that they were worth in the aggregate $85,000. That the court…
2Cases cited10 opinions
- Oelwerke Teutonia v. ErlangerSupreme Court of the United States · 1919
- Hall v. The Bay of NaplesCourt of Appeals for the Second Circuit · 1891
- The George W. ElzeyCourt of Appeals for the Second Circuit · 1918
- The VarzinDistrict Court, S.D. New York · 1910
- The High CliffCourt of Appeals for the Second Circuit · 1921
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Curtis Bay Towing Co. v. Grace S. S. Co.Court of Appeals for the Fourth Circuit · 1924
- The Thorvald HalvorsenCourt of Appeals for the Second Circuit · 1922
- Dalzell v. Central Union Stockyards Co.District Court, S.D. New York · 1935