Legal Opinion

Coast Wrecking Co. v. Phœnix Insurance Co. of Brooklyn

U.S. Circuit Court for the District of Eastern New York

Decided July 8, 1882PublishedCited by 11 opinions

In this case I find the following facts: The libelant the Coast Wrecking Company, at the times hereinafter mentioned, was a corporation created by the State of Hew York, and authorized to own and hire vessels, and use them in salvage services.

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In this case I find the following facts: The libelant the Coast Wrecking Company, at the times hereinafter mentioned, was a corporation created by the State of Hew York, and authorized to own and hire vessels, and use them in salvage services. It had a capital of $222,000, invested in steamers and wrecking material, and a store-house, and from 33 to 35 men constantly employed, with an experienced superintendent, receiving a salary of from $4,500 to $9,000 a year, and its men and vessels were always ready to start at an instant’s notice for the relief of a vessel in distress. The Phoenix…

1Opinion of the Court

Blatchford, Justice.

Ic is objected by the respondent that the claim made in the libel is founded wholly on the bond signed, and is set up as a claim for general average charges, and that no suit to recover such charges can be maintained in the admiralty. It is also objected that the bond provides only for the payment of such losses and expenses, incurred and to be incurred, as may constitute a general average when stated according to the established usage and laws of the state of New York; and that there were no general average expenses incurred, inasmuch as the voyage of the Vindicator was…

2Cited by11 opinions

  1. Compagnie Francaise De Navigation a Vapeur v. BonnasseCourt of Appeals for the Second Circuit · 1927
  2. Pacific Surety Co. v. Leatham & Smith Towing & Wrecking Co.Court of Appeals for the Seventh Circuit · 1907
  3. Duff v. MerrittCourt of Appeals for the Second Circuit · 1898
  4. International Nav. Co. v. The St. PaulCourt of Appeals for the Second Circuit · 1898
  5. B. v. Bureau Wijsmuller v. United StatesDistrict Court, S.D. New York · 1979

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