Sullivan v. Nitrate Producers' S. S. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Suit by John Sullivan against the Nitrate Producers’ Steamship Company, Limited. Decree for respondent, and libelant appeals. This suit is in personam against the owner of the British steamship Anglo-Patagonian.
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Appeal from the District Court of the United States for the Eastern District of New York. Suit by John Sullivan against the Nitrate Producers’ Steamship Company, Limited. Decree for respondent, and libelant appeals. This suit is in personam against the owner of the British steamship Anglo-Patagonian. Before this litigation, Sullivan sued the steamship in rem (in another district), setting forth in his libel that he had “joined’’ the vessel “as a horse handler in the employ of the Federal Export Corporation,” and as such was on board her on a voyage from Philadelphia to Bordeaux. He was…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] It was correctly assumed in the court below that a decree in rem may be successfully used under the plea of res adjudicata in an action in personam. Bailey v. Sundberg, 49 Fed. 583, 1 C. C. A. 387.
[2] We then consider (1) the scope and nature of Sullivan’s earlier suit, and (2) what was decided or might have been decided in that action, remembering that it is an inexorable rule of law that a judgment is a bar to subsequent demands which either were or might have been litigated in the action productive of the judgment. Watts v. Weston, 238 Fed. 149, 151…
2Cases cited12 opinions
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- Veeder v. . BakerNew York Court of Appeals · 1880
- The City of AlexandriaU.S. Circuit Court for the District of Southern New York · 1883
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3Cited by15 opinions
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- The Hanna NielsenCourt of Appeals for the Second Circuit · 1921
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