Legal Opinion
Towanda
District Court, E.D. New York
Decided July 18, 1914PublishedCited by 1 opinion
In Admiralty. Suit by the Burns Bros, against the steam lighter Towanda. On determination of priority of liens.
1Opinion of the Court
CHATFlFfLD, District Judge.
The present application by one libel-ant asks the enforcement of the 40-day rule referred to in the case of The Gratitude (D. C.) 42 Fed. 299, so as to allow the payment in inverse order of the claims accruing within 40 days before the attachment, then in the same order, the claims accruing during the next period of 40 days before that time, and so on until the fund is exhausted. This rule has been recently discussed in the opinion filed in The Towanda, 215 Fed. 232, on the 22d day of May, 1914, by this court. The 40-day rule was a recognition of the fact that…
2Cases cited2 opinions
- Bourdon v. The Proceeds of the GratitudeDistrict Court, S.D. New York · 1890
- The TowandaDistrict Court, E.D. New York · 1914
3Cited by1 opinion
- The Samuel LittleCourt of Appeals for the Second Circuit · 1915