Castner, Curran & Bullitt, Inc. v. United States
Court of Appeals for the Second Circuit
At the time of service rendered, the Glen White was under a time charter to Burtner Coal Company, and by that instrument it was provided that charter hire should be paid in advance, and also “that all derelicts and salvage shall be for owner’s and charterer’s equal account, including expenses incident thereto, and settlement of same shall be arranged for by owners.” This libel was filed by Castner, Curran & Bullitt, Inc., as owner of the Glen White, and no other libelant.
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At the time of service rendered, the Glen White was under a time charter to Burtner Coal Company, and by that instrument it was provided that charter hire should be paid in advance, and also “that all derelicts and salvage shall be for owner’s and charterer’s equal account, including expenses incident thereto, and settlement of same shall be arranged for by owners.” This libel was filed by Castner, Curran & Bullitt, Inc., as owner of the Glen White, and no other libelant. Nor did'any person attempt at any time to intervene pro interesse suo, but the owner sued as is specifically declared in…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). It was pointed out in United States v. Cornell Steamboat Co., 202 U. S. 184, 26 S. Ct. 648, 50 L. Ed. 987, that a claim for salvage of government property did not arise upon contract, and yet was one that would be entitled to redress in the admiralty court if the United States were sua-ble therein.
The injustice thus recognized has been partially remedied by the Suits in Admiralty Act; wherefore the decree below having been vacated by the appeal (The John Twohy, 255 U. S. 77, 41 S. Ct. 251, 65 L. Ed. 511), we consider this record exactly as if the Wa-thena…
2Cases cited11 opinions
- The BlackwallSupreme Court of the United States · 1870
- Cope v. Vallette Dry Dock Co.Supreme Court of the United States · 1887
- The CamancheSupreme Court of the United States · 1869
- United States v. Cornell Steamboat Co.Supreme Court of the United States · 1906
- United Transportation & Lighterage Co. v. New York & Baltimore Transp. LineCourt of Appeals for the Second Circuit · 1911
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3Cited by11 opinions
- Ozanic v. United StatesCourt of Appeals for the Second Circuit · 1951
- Grace Line, Inc., Libelant-Appellee v. United StatesCourt of Appeals for the Second Circuit · 1958
- Nicholas E. Vernicos Shipping Company v. United StatesDistrict Court, S.D. New York · 1963
- Grace Line, Inc. v. United StatesDistrict Court, S.D. New York · 1956
- Holmes v. City of New YorkCourt of Appeals for the Second Circuit · 1929
6 more not listed; retrieve them via the Exa API.