Fisher v. Luling
The Superior Court of New York City
Appeal from judgment for costs. The plaintiff obtained an attachment against the bark Harriet, under State statute of April 3, 1863, on his claim for services as a stevedore, in loading the vessel. The defendants gave a bond to procure the discharge of the vessel, and. the action in the court below was brought to recover on this bond, the amount of the claim of the plaintiff.
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Appeal from judgment for costs. The plaintiff obtained an attachment against the bark Harriet, under State statute of April 3, 1863, on his claim for services as a stevedore, in loading the vessel. The defendants gave a bond to procure the discharge of the vessel, and. the action in the court below was brought to recover on this bond, the amount of the claim of the plaintiff. After the plaintiff had rested his case, the defendants’ counsel moved to dismiss the complaint, upon the grounds that no contract within the meaning of the statute is proven ; also, upon the ground that the statute is…
1Opinion of the Court
By the Court.—McCunn, J.
In my judgment the only question on this appeal is whether the court have jurisdiction of the cause of action ? The respondent contends that it is a cause of admiralty and maritime jurisdiction, and as such is exclusively within the cognizance of the Federal judiciary.
I cannot conceive it my duty to be astute in discerning pretexts for ousting the jurisdiction of the State courts; but am inclined rather to maintain that jurisdiction if I can find any solid ground on which to support it. Perhaps, in view of the progressive aggrandisement of the admiralty in this…
2Cases cited2 opinions
- Bird v. the Steamboat JosephineNew York Court of Appeals · 1868
- M'Dermott v. The S. G. OwensU.S. Circuit Court for the District of Eastern Pennsylvania · 1849