Legal Opinion

The Zillah May

District Court, W.D. Washington

Decided January 9, 1915No. 1646PublishedCited by 4 opinions

In Admiralty. Suit by E. C. Endresen and E. N. Endresen against the gas screw ships Zillah May and Myrtle Endresen, and Etta Davis, Thomas Randles, and Hannah Randles, his wife. On exceptions to libel. Claimants except to the libel upon several grounds, including want of jurisdiction of the court over .the cause.

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In Admiralty. Suit by E. C. Endresen and E. N. Endresen against the gas screw ships Zillah May and Myrtle Endresen, and Etta Davis, Thomas Randles, and Hannah Randles, his wife. On exceptions to libel. Claimants except to the libel upon several grounds, including want of jurisdiction of the court over .the cause. Libelants aver that they are each the owner of an undivided one-third interest in each of the respdndent vessels, and that E. N. Endresen is the managing owner thereof; that the claimant, Etta Davis, is the owner of record of the remaining one-third interest in each vessel; and that…

1Opinion of the CourtCushman, District Judge

(after stating the facts as above). While there is a conflict in the decisions, the greater weight of authority denies jurisdiction to a court of admiralty in the matter of an account-*1017mg between co-owners. The Steamship Orleans, 11 Pet. 175, 9 L. Ed. 677; Grant et al. v. Poillon et al., 20 How. 162, 15 L. Ed. 871; Ward v. Thompson, 22 How. 330, 16 L. Ed. 249; The H. E. Willard (C. C.) 52 Fed. 387; The H. E. Willard (D. C.) 53 Fed. 599; The Larch, Fed. Cas. No. 8,085; Roberts v. Gallagher, Fed. Cas. No. 11,904; The Daniel Kaine (D. C.) 35 Fed. 785; Smith-Green Co. v. Bird, 90 Am. St Rep. 391,…

2Cases cited11 opinions

  1. The Steamboat Orleans v. PhœbusSupreme Court of the United States · 1837
  2. Eber B. Ward, Survivor, &C., Owner of the Steamboat Detroit v. Charles ThompsonSupreme Court of the United States · 1859
  3. Grant v. PoillonSupreme Court of the United States · 1858
  4. Chandler v. The Willamette ValleyDistrict Court, N.D. California · 1896
  5. Kellum v. EmersonU.S. Circuit Court for the District of Massachusetts · 1854

6 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. W. E. Hedger Transp. Corp. v. Ira S. Bushey & Sons, Inc.Court of Appeals for the Second Circuit · 1946
  2. Metropolitan S. S. Co. v. Pacific-Alaska Nav. Co.District Court, D. Maine · 1919
  3. Campsie v. Catton, Neill & Co.Hawaii Supreme Court · 1923
  4. W. E. Hedger Transp. Corp. v. Ira S. Bushey & Sons, Inc.Court of Appeals for the Second Circuit · 1946

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