O'Brien v. Miller
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This was a libel by Brice Alan Miller and others against Edward E. O'Brien to recover money alleged to be due as contribution for the payment of a bottomry bond which, libelants discharged, as they alleged, in order to obtain possession of cargo consigned to them.
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Appeal from the District Court of the United States for the Southern District of New York. This was a libel by Brice Alan Miller and others against Edward E. O'Brien to recover money alleged to be due as contribution for the payment of a bottomry bond which, libelants discharged, as they alleged, in order to obtain possession of cargo consigned to them. The cause was heard in the district court upon exceptions to the libel, which were in part overruled and in part sustained. 35 Fed. 779. After the filing of amended libels, a decree was finally rendered in favor of libelants. 59 Fed. 621. The…
1Opinion of the Court
LACOMBE, Circuit Judge.
In June and July, 1884, the libelants shipped on board the Andrew Johnson,—a ship owned by the respondent,—at Iquique Bay and Caleta Buena, 19,943 bags of soda, to be transported on said vessel to Hamburg, Germany, and there to be delivered to the order of Anthony Gibbs & Sons, of London. Soon after sailing, the Andrew Johnson encountered heavy weather and met with disaster, whereupon she put into Callao, as a port of refuge. Surveys were held, and, in accordance with the recommendation of the surveyors, she was lightened by the discharge of part of her cargo, repairs…
2Cases cited6 opinions
- Dumont v. United StatesSupreme Court of the United States · 1878
- Insurance Co. v. GosslerSupreme Court of the United States · 1878
- Miller v. O'BrienDistrict Court, S.D. New York · 1894
- Read & Hoppock v. Mutual Safety InsuranceThe Superior Court of New York City · 1849
- Watson v. Insurance Co. of North AmericaU.S. Circuit Court for the District of Pennsylvania · 1811
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3Cited by2 opinions
- Rolla v. McAlester Coal Co.Court Of Appeals Of Indian Territory · 1906
- Lowenfeld v. CurtisU.S. Circuit Court for the District of Southern New York · 1896