General Commercial Co. v. Cosmopolitan Shipping Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Consolidated suits in admiralty by the General Commercial Company, Limited, of United States, and by the West India Company,, against the schooner Perry Setzer and the Cosmopolitan Shipping Company, Inc. Prom a decree dismissing the libels, libelants appeal.
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Appeal from the District Court of the United States for the Southern District of New York. Consolidated suits in admiralty by the General Commercial Company, Limited, of United States, and by the West India Company,, against the schooner Perry Setzer and the Cosmopolitan Shipping Company, Inc. Prom a decree dismissing the libels, libelants appeal. The General Commercial Company shipped a deckload of rosin in barrels, and the West India Company a consignment of oil in metal containers carried under deck. The rosin was jettisoned, and the deck on which it had lain opened, permitting sea water…
1Per curiam
[1] Moved by most earnest argument, we have carefully searched a record of unprecedented length for some debatable question of law, or some crucial finding of fact, either unsupported by evidence or based on testimony successfully impeached, and find nothing warranting lengthened opinion in an appellate court. An admiralty appeal is of course a new trial, but it is a trial in accord with the settled rules of the appellate tribunal. Differing from review by writ of error at law, a finding based solely on the preponderance of testimony is open to review (The Fin MacCool, 147 Fed. 123, 77 C. C.…
2Cases cited2 opinions
- The Fin MacCoolCourt of Appeals for the Second Circuit · 1906
- The F. B. SquireCourt of Appeals for the Second Circuit · 1917
3Cited by7 opinions
- Petterson Lighterage & T. Corp. v. New York Central R. Co.Court of Appeals for the Second Circuit · 1942
- Neff v. Federal Trade CommissionCourt of Appeals for the Fourth Circuit · 1941
- Johnson v. CooperCourt of Appeals for the Eighth Circuit · 1949
- California Victor Distributing Co. v. Luckenbach S. S. Co.District Court, S.D. New York · 1932
- Merchants' & Miners' Transp. Co. v. Nova Scotia S. S. Corp.Court of Appeals for the First Circuit · 1930
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