United States ex rel. Pressprich & Son Co. v. Elwell
Court of Appeals for the Second Circuit
Appeals from the District Court of -the United States for the Southern District of New York. Libels by the United States of America, on the relation of the Pressprich & Son Company, against James W. Elwell & Co. and another. From decrees, for libelant, respondents appeal.
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Appeals from the District Court of -the United States for the Southern District of New York. Libels by the United States of America, on the relation of the Pressprich & Son Company, against James W. Elwell & Co. and another. From decrees, for libelant, respondents appeal. Appeals from two decrees in admiralty entered on the 28th day of August, 1917, each adjudging the respondents liable in the sum of $2,000 and costs as a 'penalty for violation of section 5 of the Harter Act. The causes came up upon motions by the relator for the direction of decrees in its favor upon two libels in personam…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1] Wethink that the District Court had no jurisdiction in admiralty-over the collection of a penalty by proceedings in personam. Virginia, etc., Co. v. U. S., Taney, 418, Fed. Cas. No. 16,973; McAfee v. The Creole, Fed. Cas. No. 8,655; United States v. The Queen, 4 Ben. 237, Fed. Cas. No. 16,107. The Scotia (D. C.) 39 Fed. 429, was a slightly different case, but indicates the same rule. In The Strathairly, 124 U. S. 558, 580, 8 Sup. Ct. 609, 31 L. Ed. 580, while the point was not raised, the decision, so far as it concerned Revised Statutes, § 4255, leaves…
2Cases cited13 opinions
- The Confiscation CasesSupreme Court of the United States · 1874
- The SarahSupreme Court of the United States · 1823
- Bulkley v. Naumkeag Steam Cotton Co.Supreme Court of the United States · 1860
- People v. Hartford Life InsuranceIllinois Supreme Court · 1911
- The StrathairlySupreme Court of the United States · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Connecticut Action Now, Inc. v. Roberts Plating Company, Inc.Court of Appeals for the Second Circuit · 1972
- Kathleen Troupe v. Chicago, Duluth & Georgian Bay Transit CompanyCourt of Appeals for the Second Circuit · 1956
- Cannella v. Lykes Bros. SS Co.Court of Appeals for the Second Circuit · 1949
- Cory Bros. & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
- O'Neill v. Cunard White Star, Ltd.Court of Appeals for the Second Circuit · 1947
21 more not listed; retrieve them via the Exa API.