The Alex Clark
District Court, S.D. New York
In Equity. Suit by the United States to forfeit the steam screw Alex Clark, her engines, tackle, apparel, stores, and furniture. Sur exceptions to libel. Sur exceptions to a libel of information against a vessel licensed for coast-wise trade under title 50 of the Revised Statutes (Comp. St. §§ 8057-8118). l’he suit is to forfeit an American vessel which victualed a British ship hovering off the port of New York.
Read the full summary
In Equity. Suit by the United States to forfeit the steam screw Alex Clark, her engines, tackle, apparel, stores, and furniture. Sur exceptions to libel. Sur exceptions to a libel of information against a vessel licensed for coast-wise trade under title 50 of the Revised Statutes (Comp. St. §§ 8057-8118). l’he suit is to forfeit an American vessel which victualed a British ship hovering off the port of New York. The libel was in two counts; the first, that the vessel was licensed and enrolled for coastwise trade, and being so licensed 'steamed from the port of New York to a vessel of British…
1Opinion of the Court
LEARNED HAND, District Judge.
[1] The first count turns on whether the vessel did “proceed on a foreign voyage;” the second on whether she was “employed in any other trade than that for which she is licensed.” I cannot see how there, can be any question as to the second count. In some trade she was certainly employed at the time, and how it can be thought that this was coastwise I cannot see. Such trade must terminate in a port of the United States, else she must he registered. Title 48, c. 1 (Comp. St. §§ 7707-7788); Huus v. N. Y., etc., S. S. Co., 182 U. S. 392, 21 Sup. Ct. 827, 45 L. Ed.…
2Cases cited2 opinions
- Huus v. New York & Porto Rico Steamship Co.Supreme Court of the United States · 1901
- Hamburg-American Steam Packet Co. v. United StatesCourt of Appeals for the Second Circuit · 1918
3Cited by6 opinions
- Braga v. BragaMassachusetts Supreme Judicial Court · 1943
- United States v. RendleCourt of Appeals for the First Circuit · 1925
- The Rosalie M.District Court, S.D. Texas · 1925
- Gottlieb v. United StatesCourt of Appeals for the Third Circuit · 1933
- The WinnieDistrict Court, E.D. Pennsylvania · 1932
1 more not listed; retrieve them via the Exa API.