Cummins v. T. M. Duche & Sons, Ltd.
Court of Appeals for the Third Circuit
Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Oliver B. Dickinson, Judge. Suit in admiralty by T. M. Duche & Sons, Ljmited, against the schooner John Twohy; Albert D. Cummins and Howard Compton, claimants. Both parties appeal, the claimants being designated appellants.
1Opinion of the Court
WOOLLEY, Circuit Judge.
This is an appeal in admiralty. As the case stands, really two appeals are involved: One by the schooner from the part of the decree allowing the charterer damages for injury to the cargo; the other by the charterer — the case being on trial de novo — from the part of the decree denying it damages for short delivery. The John Twohy, 255 U. S. 77, 41 Sup. Ct. 251, 65 L. Ed. 511.
The John Twohy was a reclaimed wreck, purchased by the claimants, repaired at a cost of $22,000 and given a classification of A-1% by the American Eloyds. While in the Delaware River she was…
2Cases cited14 opinions
- The Edwin I. MorrisonSupreme Court of the United States · 1894
- International Navigation Co. v. Farr & Bailey Manufacturing Co.Supreme Court of the United States · 1901
- The Carib PrinceSupreme Court of the United States · 1898
- The WildcroftSupreme Court of the United States · 1906
- Ceballos v. The Warren AdamsCourt of Appeals for the Second Circuit · 1896
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- Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941