Davis v. Smokeless Fuel Co.
Court of Appeals for the Second Circuit
Appeal from' the District Court of the United States for the Southern District of New York. Suit in admiralty by Cornelius A. Davis and others against the Smokeless Fuel Company. Decree for libelants, from which they appeal.
1DissentNoyes, Circuit Judge
The libelant lias a meritorious demand for the whole amount of the demurrage. The suit to enforce this demand was brought late, but it does not appear that the respondent has been thereby hindered in making defense or prejudiced in any way. The pendency of other proceedings involving similar questions may not excuse the libelants’ delay, but it tends to negative any abandonment of the claim. In view of all the facts and circumstances, I am clearly of the opinion — leaving out of consideration any statute of limitations — that laches is not shown. The essential element of laches — some actual…
2Cases cited4 opinions
- Tioga Railroad v. Blossburg & Corning RailroadSupreme Court of the United States · 1874
- Newberger v. WellsWest Virginia Supreme Court · 1902
- Crocker v. Clements' Adm'rSupreme Court of Alabama · 1853
- Wehrenberg v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1908