Legal Opinion

Malloch v. Adams

District Court, D. Massachusetts

Decided March 26, 1912No. Nos. 353, 354PublishedCited by 2 opinions

In Admiralty. Suits by W. Irving Adams and others against the schooner Alert, and by Almon D. Malloch, owner of the Alert, against said Adams and others. On petition of Cyrus R. Tupper, foreign trustee in bankruptcy of Adams and others, complainants in the first suit and respondents in the second, for leave to intervene in the place of the bankrupts, without giving security for costs or damages.

1Opinion of the Court

DODGE, District Judge.

The libel in No. 353 was filed October 28, 1910, by Adams & Son, copartners, of Boothbay, in the district of Maine. The owner of the Alert, libelant in No. 354, filed his claim on the same day, and with it a motion that the libelants, being nonresidents, gives security for costs. The vessel was released on stipulations given by him. I~lis libel in No. 354, filed November 2, 1910, is brought against Adams & Sou, under admiralty rule 53 (29 Sup. Ct. xiv). On January 10, 1911, he filed his answer in No. 353. No answer has been filed in No. 354.

Tupper, the present…

2Cases cited3 opinions

  1. Norton v. SwitzerSupreme Court of the United States · 1876
  2. Jordan v. BridgesDistrict Court, W.D. Tennessee · 1904
  3. Osborne v. Pennsylvania R. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1908

3Cited by2 opinions

  1. Carroll v. HannonSupreme Court of Pennsylvania · 1927
  2. Vandiver v. R. B. Wilson CompanyCourt of Appeals of Kentucky (pre-1976) · 1931

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