The Titanic
District Court, S.D. New York
In Admiralty. Petition by the Oceanic Steam Navigation Company, Limited, as owner of the steamship Titanic, for limitation of liability. On motions to modify injunction. A petition for limitation having been filed, and an ex parte (though temporary) appraisement having been had, the usual monition and injunction order went forth.
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In Admiralty. Petition by the Oceanic Steam Navigation Company, Limited, as owner of the steamship Titanic, for limitation of liability. On motions to modify injunction. A petition for limitation having been filed, and an ex parte (though temporary) appraisement having been had, the usual monition and injunction order went forth. Subsequent to such issuance, and after he had received a copy of the monition and order therefor, A. L. Brougham, Ksq., began an action against petitioner in the Supreme Court of the state of New York on behalf of Elizabeth H. Natsch, executrix of Charles Natsch,…
1Opinion of the CourtHough, District Judge
(after stating the facts as aboye). The affidavit of Mr. Brougham sets forth that he did not read the injunction or monition order handed to him. This is no excuse. He is declared in contempt, of which he may purge himself by tendering a consent to the discontinuance of the action of Natsch within one week.
The motions made to lift the injunction raise a point of great importance, which in my opinion (after consulting the authorities cited) is not open in this court. The recent precedents all point one way. I feel sure that the settled practice and almost universal opinion in this district for…
2Cases cited8 opinions
- The RepublicCourt of Appeals for the Second Circuit · 1894
- The San PedroSupreme Court of the United States · 1912
- In re Pacific Mail S. S. Co.Court of Appeals for the Ninth Circuit · 1904
- Dowdell v. United States District Court for Northern District of CaliforniaCourt of Appeals for the Ninth Circuit · 1905
- In re Jeremiah Smith & Sons, Inc.Court of Appeals for the Second Circuit · 1911
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3Cited by5 opinions
- Hartford Accident & Indemnity Co. v. Southern Pacific Co.Supreme Court of the United States · 1927
- The Linseed KingDistrict Court, S.D. New York · 1928
- In Re Famous Players Lasky CorporationDistrict Court, S.D. California · 1929
- In re Atlantic Gulf & West Indies S. S. LinesDistrict Court, S.D. New York · 1927
- In re Union Castle Mail S. S. Co.District Court, S.D. New York · 1940