Legal Opinion

Merchants' Banking Co. v. Cargo of the Afton

Court of Appeals for the Second Circuit

Decided June 2, 1904No. 209PublishedCited by 18 opinions

Appeal from the District Court of the United States for the Southern District of New York.

1Opinion of the Court

WALLACE, Circuit Judge.

The decree appealed from dismissed the libel. The facts of the case are succinctly stated in the opinion of the court below:

“This is a libel against tbe cargo of the steamship Afton, and the freight moneys arising therefrom, to recover the sum of $8,737.55. In December, 1900, the firm of McLaren & McLaren, of Glasgow, owners of the steamship Afton, executed a mortgage on the steamer to the libelant, the Merchants’ Banking Company, Limited, of London, to secure a running account and advances to be made thereafter. The mortgage was duly recorded at Glasgow, but the…

2Cases cited3 opinions

  1. Parmelee v. SimpsonSupreme Court of the United States · 1867
  2. Seymour v. . SmithNew York Court of Appeals · 1889
  3. Balcarres Brook S. S. Co. v. GraceCourt of Appeals for the Second Circuit · 1896

3Cited by18 opinions

  1. United States v. Robins Dry Dock & Repair Co.Court of Appeals for the First Circuit · 1926
  2. Ira S. Bushey & Sons, Inc. v. W. E. Hedger Transp. Corp.Court of Appeals for the Second Circuit · 1948
  3. United States v. Certain Subfreights Due Steamship NeponsetDistrict Court, D. Massachusetts · 1924
  4. Wolf v. Buckeye Incubator Co.Court of Appeals for the Sixth Circuit · 1924
  5. The SuduffcoDistrict Court, S.D. New York · 1929

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