Sturgis v. Cary
U.S. Circuit Court for the District of Massachusetts
[This was a bill in equity by Lathrop L. Sturgis and others against Thomas G. Cary and others to obtain contribution in general average. It was held that the complainants had a claim, and reference was had to a master. Case No. 13,572. The cause is now heard on exceptions to the master’s report.]
1Opinion of the Court
CURTIS, Circuit Justice.
At the last term, the complainants liad a decree, that they were entitled to contribution from the respondents, towards a general average loss, and the cause was referred to a master to take an account, and report the several sums to be contributed by the defendants. [Case No. 13,572.] He has now made his report, and one exception has been taken thereto; which raises the question whether the owners of the vessel are entitled to charge, among the items to be contributed for in general average, a commission of two and one half per centum on the amount of the general…
2Cases cited2 opinions
- Kendall v. RussellCourt of Appeals of Kentucky · 1837
- Jordan v. MeredithSupreme Court of Pennsylvania · 1801
3Cited by2 opinions
- Wellman v. MorseCourt of Appeals for the First Circuit · 1896
- Gulf Refining Co. v. Universal Ins.Court of Appeals for the Second Circuit · 1929