The Hatteras
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Three admiralty suits by the New York, Ontario & Western Railway Company against the barges Hatteras, Tampa, and Neuse; the Southern Transportation Company, claimant. Decrees for claimant, and libelant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Three admiralty suits by the New York, Ontario & Western Railway Company against the barges Hatteras, Tampa, and Neuse; the Southern Transportation Company, claimant. Decrees for claimant, and libelant appeals. The Southern Transportation Company of Philadelphia owned all three of the barges above named, and chartered them all to the New York & Boston Transportation Company of New York by a charter party which was not a demise. This contract contained an agreement that the charterers would keep flic…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] 1. The contention for a lien under the act of 1910 necessarily rests on the assertion that towage — at least for barges without motive power of their own — must he considered one of the “other necessaries” for which liens are recognized or conferred by the first section of the act (U. S. Comp. St. § 7783).
As to the effect of this statute on existing law, our views are sufficiently expressed in The Oceana, 244 Fed. at page 82, 156 C. C. A. 508; and as to the specific, question whether towage is included in the phrase “other necessaries,” we think the…
2Cases cited7 opinions
- The ValenciaSupreme Court of the United States · 1897
- The OceanaCourt of Appeals for the Second Circuit · 1917
- The AlligatorCourt of Appeals for the Third Circuit · 1908
- McCaldin v. The StromaCourt of Appeals for the Second Circuit · 1892
- Merritt v. MorseCourt of Appeals for the Second Circuit · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- The PoznanCourt of Appeals for the Second Circuit · 1925
- J. Ray McDermott & Co., Inc. v. The Off-Shore Menhaden Company, in Bankruptcy, AncillaryCourt of Appeals for the Fifth Circuit · 1959
- The MuskegonCourt of Appeals for the Second Circuit · 1921
- The Western WaveCourt of Appeals for the Fifth Circuit · 1935
- The ArtemisDistrict Court, S.D. New York · 1931
17 more not listed; retrieve them via the Exa API.