The Avenger
Court of Appeals for the Fifth Circuit
Appeal from District Court of the United States for the Southern District of Alabama; Robert T. Ervin, Judge. Suit in admiralty by the Bisso Towboat Company against the ship Avenger; W. B. Gillican, claimant. Decree for respondent, and claimant appeals.
1Opinion of the Court
GRUBB, District Judge.
This is an appeal from an order of the District Court sustaining exceptions to the libel, as amended, and dismissing the cause upon libelant’s declining to plead further.
The libel seeks to recover for salvage services rendered the ship Avenger, which had lain stranded for years upon the shore of Chandelieur Island, by the appellant, under a contract between the appellant and the owners of the Avenger. The contract provided that the stranded ship should be floated and delivered to the owners at Mobile within 60 days, with a provision for an extension of 30 days, if…
2Cases cited4 opinions
- United States v. BehanSupreme Court of the United States · 1884
- The Emily and the CarolineSupreme Court of the United States · 1824
- Ankeny v. ClarkSupreme Court of the United States · 1893
- The BayamoCourt of Appeals for the Fifth Circuit · 1909
3Cited by3 opinions
- Sigurjonsson v. Trans-American Traders, Inc. The GatitoCourt of Appeals for the Fifth Circuit · 1951
- Central Mutual Insurance v. Saint Paul Mercury Indemnity Co. of Saint PaulAppellate Court of Illinois · 1937
- Garcia v. Din Tai Fung Restaurant, Inc.District Court, N.D. California · 2020