Legal Opinion
In re Sugar Products Co.
District Court, S.D. New York
Decided December 1, 1917Published
In Admiralty. Proceeding by the Sugar Products Company and the Sugar Products Shipping Company, Incorporated, owners of the steam tug C. W. Morse, for limitation of liability. On motion by petitioners for injunction.
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
The above petitioners instituted a proceeding for limitation of their liability. The owners deposited in court as pending freight $10,000, which was paid by the Universal Transportation Company as charter hire prior to the date of the alleged loss of the vessel. The charter party contained the provision:
“That should the tug be lost, all moneys paid to the owner by the charterers shall be retained by the owner, but hire shall cease from the date of loss.”
The charterers seek to have -the $10,000 prorated, and to recover a balance in an action which they have…
2Cases cited4 opinions
- La BourgogneSupreme Court of the United States · 1908
- La BourgogneCourt of Appeals for the Second Circuit · 1905
- Kiernan v. The Leonard RichardsDistrict Court, D. New Jersey · 1890
- In re the Liverpool & Great Western Steam Co.District Court, S.D. New York · 1880