Insurance Co. of North America v. Venezuela
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. In Admiralty. Separate libels filed by the Insurance Company of North America and the Atlantic & Gulf Wrecking Company, on the one hand, and by Israel J. Merritt and Israel J. Merritt, Jr., on the other, against the steamship Venezuela, her tackle, etc., and her cargo, (John Dallett and others, constituting the firm of Bailton, Bliss & Dallett, being claimants,) to recover for salvage…
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Appeal from the Circuit Court of the United States for the Southern District of New York. In Admiralty. Separate libels filed by the Insurance Company of North America and the Atlantic & Gulf Wrecking Company, on the one hand, and by Israel J. Merritt and Israel J. Merritt, Jr., on the other, against the steamship Venezuela, her tackle, etc., and her cargo, (John Dallett and others, constituting the firm of Bailton, Bliss & Dallett, being claimants,) to recover for salvage services. The cases were heard together in the district court, which awarded $6,500 to the first-named libelants and…
1Opinion of the Court
Wallace, Circuit Judge.
We think the facts stated in the opposing affidavits should excuse the appellant for not making the application for leave to take new proofs required by rule 7, Appeal Rules in Admiralty, promulgated by this court May 20, 1892, to take effect July 1, 1892. It would be unjust to a party whose case has been tried in the district court in reliance upon the right to introduce such new testimony upon an appeal as was permissible under existing rules to preclude him *874from doing so because of limitations imposed by rules of court subsequently made. The language of the rule does…
2Cases cited7 opinions
- The SamuelSupreme Court of the United States · 1816
- Coffin v. JenkinsU.S. Circuit Court for the District of Massachusetts · 1844
- The “Juniata”Supreme Court of the United States · 1875
- Singlehurst v. La Compagnie Generale TransatlantiqueCourt of Appeals for the Second Circuit · 1892
- The Gray JacketSupreme Court of the United States · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hudson v. GrafflinCourt of Appeals for the Fourth Circuit · 1895
- The Gypsum KingCourt of Appeals for the Second Circuit · 1909