The White Squall
U.S. Circuit Court for the District of Southern New York
This was a libel in rem, filed in the district court, to enforce the payment of a bottomry bond. The vessel was discharged from the arrest on the usual bond being given, under the act of congress of March 3, 1847 (9 Stat. 181). A decree was subsequently rendered in the district court for the libel-lants, condemning the vessel for the sum of 817,591.63, which, after reciting that she had been discharged under the act of congress, gave judgment against the stipulators in…
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This was a libel in rem, filed in the district court, to enforce the payment of a bottomry bond. The vessel was discharged from the arrest on the usual bond being given, under the act of congress of March 3, 1847 (9 Stat. 181). A decree was subsequently rendered in the district court for the libel-lants, condemning the vessel for the sum of 817,591.63, which, after reciting that she had been discharged under the act of congress, gave judgment against the stipulators in pursuance of said act. [Case No. 5.239.] An appeal was taken from that decree to this couht, and duly perfected. [Case…
1Opinion of the Court
NELSON, Circuit Justice.
I am satisfied that the order made by me was improvidently granted, and that I had no power to make it; and, as the question is presented on a motion made by a party who claims to have an interest in the vessel, and who was not a party to the libel or the proceedings in the cause, I shall direct that the order entered upon the filing of the consent of the proctors for the respective parties be vacated, and that the rights of all persons concerned be left to stand upon the written stipulation entered into by the proctors. The purchaser at the sale of the vessel has…
2Cited by5 opinions
- The Fred M. LawrenceCourt of Appeals for the Second Circuit · 1899
- The William F. McRaeDistrict Court, E.D. Michigan · 1885
- Barnet Dumping Boat Co. v. The MutualDistrict Court, D. Connecticut · 1897
- In re John B. Rose Co.District Court, S.D. New York · 1918
- Allison v. The Steamer Lavelle YoungDistrict Court, D. Alaska · 1903