Southard v. Brady
U.S. Circuit Court for the District of Southern New York
In Admiralty. On appeal from district court. Libel by Thomas J. Southard and others against William Brady on .the charter of the bark T. Jeffrey Southard. Decree for respondent, and libelants appeal. ■ Findings of Fact. (1) On or about the 15th day of November, 1875, a charter was ma.de of the bark T. Jeffrey Southard by the owners, the libelants and appellants herein, to the respondent and appellee.
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In Admiralty. On appeal from district court. Libel by Thomas J. Southard and others against William Brady on .the charter of the bark T. Jeffrey Southard. Decree for respondent, and libelants appeal. ■ Findings of Fact. (1) On or about the 15th day of November, 1875, a charter was ma.de of the bark T. Jeffrey Southard by the owners, the libelants and appellants herein, to the respondent and appellee. It was negotiated by J. H. Beattie, the owners’ agent, and for a voyage from Galveston, Tex., to Liverpool, or other specified port on the Continent. (2) That the firm of M. Quin & Co., of…
1Opinion of the Court
’Lacombe, J.,
(after stating the findings as above.) The transactions out of which the libelants contend that their cause of action arose were completed more than .six years before the action was begun. Statutes of limitations are no longer received in an unfavorable light, as an unjust and discreditable defense, but should receive such support from courts of justice as would make them what they were intended emphatically to be — statutes of repose. Bell v. Morrison, 1 Pet. 360. They are now generally regarded with favor, as being in the interest of justice, by compelling parties-to bring…
2Cases cited9 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- The Key CitySupreme Court of the United States · 1872
- The Sarah AnnU.S. Circuit Court for the District of Massachusetts · 1835
- Willard v. DorrU.S. Circuit Court for the District of Massachusetts · 1822
- Brown v. JonesU.S. Circuit Court for the District of Massachusetts · 1815
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3Cited by14 opinions
- Pacific Coast S. S. Co. v. Bancroft-Whitney Co.Court of Appeals for the Ninth Circuit · 1899
- Marshall v. International Mercantile Marine Co.Court of Appeals for the Second Circuit · 1930
- Westfall Larson & Co. v. All-Man-Hubble Tug Boat Co.Court of Appeals for the Ninth Circuit · 1934
- Nolte v. Hudson Nav. Co.Court of Appeals for the Second Circuit · 1924
- Bancroft-Whitney Co. v. The QueenDistrict Court, N.D. California · 1896
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