Legal Opinion

La Bourgogne

Court of Appeals for the Second Circuit

Decided February 22, 1906No. 6PublishedCited by 19 opinions

Appeal from the District Court of the United States for the Southern District of New York. The principle questions, relating to the right of the petitioner to limit its liability, were decided by this court in June, 1905. La Bourgogne (C. C. A.) 139 Fed. 433. . A commissioner was appointed by the District Court to, take testimony as to the amounts due the various claimants who had filed claims, other than those for loss of life, and report the same to the court.

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Appeal from the District Court of the United States for the Southern District of New York. The principle questions, relating to the right of the petitioner to limit its liability, were decided by this court in June, 1905. La Bourgogne (C. C. A.) 139 Fed. 433. . A commissioner was appointed by the District Court to, take testimony as to the amounts due the various claimants who had filed claims, other than those for loss of life, and report the same to the court. The commissioner made the following awards: To Pauline I-Xenuy, as administratrix of Juliette Cicot, deceased, $2,802, for loss of…

1Opinion of the CourtCoxe, Circuit Judge

(after stating the facts.) As the law now stands the petitioner-appellant, has no substantial pecuniary interest in the disallowance or reduction of the claims in controversy. Nevertheless as there may be a contingent interest we have felt constrained to consider and pass upon all the questions presented.

The Deslions claim is the largest in amount and was the one most strenuously opposed in the District Court. It may, therefore, be appropriately considered first. The claim was for $50,000, the value placed by the owner Deslions, upon a collection of Indian curios. The commissioner allowed…

2Cases cited13 opinions

  1. Tilghman v. ProctorSupreme Court of the United States · 1888
  2. Kimberly v. ArmsSupreme Court of the United States · 1889
  3. Davis v. SchwartzSupreme Court of the United States · 1895
  4. Railroad Co. v. FraloffSupreme Court of the United States · 1879
  5. The MajesticSupreme Court of the United States · 1897

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3Cited by19 opinions

  1. Crowell v. BensonSupreme Court of the United States · 1932
  2. Ciro Silvestri v. Italia Societa Per Azioni Di NavigazioneCourt of Appeals for the Second Circuit · 1968
  3. McQuillan v. " ITALIA" SOCIETA PER AZIONE DI NAVIGAZIONEDistrict Court, S.D. New York · 1974
  4. Lichten v. Eastern Airlines, IncCourt of Appeals for the Second Circuit · 1951
  5. The MinnetonkaCourt of Appeals for the Second Circuit · 1906

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