Burke v. The M. P. Rich
U.S. Circuit Court for the District of Massachusetts
In admiralty. This was an appeal from a decree of the district court [of the district of Massachusetts (case unreported)] in a cause of bottomry. It was a suit in rem, instituted by the appellant [John Burke] to recover the amount of a certain bottomry bond upon the brig [M. P. Rich], given by the master. [There was a decree in favor of the claimants, George H. Blanchard and others, and the libellant appealed.
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In admiralty. This was an appeal from a decree of the district court [of the district of Massachusetts (case unreported)] in a cause of bottomry. It was a suit in rem, instituted by the appellant [John Burke] to recover the amount of a certain bottomry bond upon the brig [M. P. Rich], given by the master. [There was a decree in favor of the claimants, George H. Blanchard and others, and the libellant appealed. The vessel sailed from New York for the port of Darien in the state of Georgia, thence to Gaudaloupe in the West Indies, thence to return to New York; but in consequence of disasters…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Several objections were made by the respondents to the right of the libellant to maintain this suit. In the first place, it is insisted that the suit is brought in the name of the wrong party, and that it cannot be maintained in the name of the libellant. That objection rests upon the proof that the libellant has parted with his interest in the bond, and upon the admitted fact that the suit is prosecuted in his name, for the benefit of the assignees and present holders of the same. If it was an action at law in the common-law courts, it would be well brought, and…
2Cases cited1 opinion
- The CanadaDistrict Court, D. Oregon · 1881
3Cited by2 opinions
- Insurance Co. v. GosslerSupreme Court of the United States · 1878
- The General BurnsideU.S. Circuit Court for the District of Eastern Michigan · 1880