Certain Logs of Mahogany
U.S. Circuit Court for the District of Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts.] In admiralty. This was the case of a libel in rem brought against a certain cargo, consisting principally of mahogany, claimed by the respondent and laden on board of the brig Sterling, owned by the libellants, to recover the amount of the freight due and earned on a foreign voyage under a charter-party, which, as the libellants contended, gave them, under all the circumstances, a lien…
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[Appeal from the district court of the United States for the district of Massachusetts.] In admiralty. This was the case of a libel in rem brought against a certain cargo, consisting principally of mahogany, claimed by the respondent and laden on board of the brig Sterling, owned by the libellants, to recover the amount of the freight due and earned on a foreign voyage under a charter-party, which, as the libellants contended, gave them, under all the circumstances, a lien on the same cargo for the amount of such freight, which they were entitled to enforce in the present proceeding. The…
1Opinion of the Court
STORY, Circuit Justice. .
The answer of the respondent insists upon various grounds. In the first place, that the court, sitting in admiralty, has no jurisdiction over the case. But since the decision of this court in the case of The Volunteer [Case No. 16,991], the objection would be deemed unmaintainable; and it has now been waived at the argument. In the next place, the respondent relies on the pendency of the replevin suit, as a good defence against the libel, as it is substantially, as he contends, for the same cause of action; and the parties are not to be harassed with successive suits…
2Cases cited3 opinions
- Taggard v. LoringMassachusetts Supreme Judicial Court · 1820
- Clarkson v. EdesNew York Supreme Court · 1825
- M'Intire v. BowneNew York Supreme Court · 1806
3Cited by10 opinions
- Raymond v. TysonSupreme Court of the United States · 1855
- Hagar v. . ClarkNew York Court of Appeals · 1879
- Grimberg v. Columbia Packers' Assoc.Oregon Supreme Court · 1905
- Heckscher v. McCreaNew York Supreme Court · 1840
- Robinson v. . ChittendenNew York Court of Appeals · 1877
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