Legal Opinion

Gilbert v. Wright & Gowen Co.

Court of Appeals for the First Circuit

Decided February 13, 1923No. 1599Published

Appeal from the District Court of the United States for the District of Massachusetts; Mack, Judge. Dibel' in admiralty by the Wright & Gowen Company against the schooner Alice M. Colburn, of which Osgood A. Gilbert was claimant. Decree for libelant, and claimant appeals. Amended and affirmed.

1Opinion of the Court

ANDERSON, Circuit Judge.

The contentions in this admiralty appeal are within narrow compass.

[1] (1) The appellant contends that the court below erred in allowing an amendment to the libel. The libel as originally framed set up in the third paragraph that the master of the schooner had given a draft for $2,222.90 to cover expenses and disbursements, all of which (except $5.52 disallowed by the court below) are now admittedly the subject-matter of a lien in admiralty. On the libelee’s objection to this libel as too indefinite, the court allowed an amendment in the nature of a bill of particulars…

2Cases cited9 opinions

  1. The Emily SouderSupreme Court of the United States · 1873
  2. The 'Woodland.'Supreme Court of the United States · 1881
  3. Robins Dry Dock & Repair Co. v. ChesbroughCourt of Appeals for the First Circuit · 1914
  4. Davis v. AdamsCourt of Appeals for the Ninth Circuit · 1900
  5. The CorozalDistrict Court, E.D. Louisiana · 1884

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