The Frank G. Fowler
U.S. Circuit Court for the District of Southern New York
In this case I find the following facts: At all times from the fourth day of November, 1880, to the twenty-fourth day of December, 1880, both included, the steam-tug Frank G. Fowler was engaged as a tow-boat in Yew York harbor and Long Island sound, and the neighboring waters.
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In this case I find the following facts: At all times from the fourth day of November, 1880, to the twenty-fourth day of December, 1880, both included, the steam-tug Frank G. Fowler was engaged as a tow-boat in Yew York harbor and Long Island sound, and the neighboring waters. At and prior to, the time of the first disaster hereinafter mentioned, she was owned by Esther Pitt, of Staten island, and was run by W. D. 33. Janes, of Brooklyn, as mortgagee in possession, or under a contract, to purchase. Mr. Janes transacted the vessel’s business at 124 Front street, in the city of Yew York.…
1Opinion of the Court
Blatchford, Justice.
The district court awarded priority of claim and lien to the Phenix Insurance Company, and directed that the §34,500 and all accumulations of interest thereon be paid to it. The Conways appeal from such award and direction. The view of the district court was that the interest or lien of the Conways in tho tug, growing out of the damage suffered by the canal-boat and cargo at the earlier date, was liable to respond for the damage to the barge at the later date. I cannot concur in this view. This is a case where there was no priority of attachment or seizure of the vessel,…
2Cited by3 opinions
- The Glen IslandDistrict Court, S.D. New York · 1912
- Loud v. The John G. StevensU.S. Circuit Court for the District of Eastern New York · 1889
- The AmericaDistrict Court, D. New Jersey · 1909