Burrill v. Crossman
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This was a libel by William Bun-ill and others, owners of the bark Kate Burrill, against William H. Crossman and others, to recover demurrage under a charter* party. Libelants appeal.
1Opinion of the Court
WALLACE, Circuit Judge.
Leave was granted to the appellants by this court to make new allegations in their libel, and, the appellees having answered, the appellants have filed exceptions to several of the articles of the answer, upon the ground that the same are insufficient, in law, to constitute a defense. While there is no formal rule which sanctions this practice, the rules for appeals in admiralty only permitting new allegations in pleading and new proof, and while there are objections to a practice which may require an appellate, tribunal to decide a cause in fragments, inasmuch as no…
2Cases cited9 opinions
- Dayton v. . ParkeNew York Court of Appeals · 1894
- Sixteen Hundred Tons of Nitrate of Soda v. McLeodCourt of Appeals for the Ninth Circuit · 1894
- Owen v. 65,000 Bushels of CornDistrict Court, N.D. New York · 1893
- Burrill v. CrossmanDistrict Court, S.D. New York · 1894
- Riley v. A Cargo of Iron PipesDistrict Court, S.D. New York · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Empire Transp. Co. v. Philadelphia & R. Coal & Iron Co.Court of Appeals for the Eighth Circuit · 1896
- Burrill v. CrossmanCourt of Appeals for the Second Circuit · 1898
- Mikkelsen v. A Cargo of SugarDistrict Court, E.D. Pennsylvania · 1918
- New York & Cuba Mail S. S. Co. v. LambornDistrict Court, S.D. New York · 1925
- Southern Transp. Co. v. UnkelDistrict Court, E.D. Pennsylvania · 1916
9 more not listed; retrieve them via the Exa API.