Atkins v. Disintegrating Co.
Supreme Court of the United States
Appeal from the Circuit Court for the Eastern District of New York. • Atkins filed a libel in the District Court for the Eastern District of New York, in a cause civil and maritime, against the Fibre Disintegrating Company; styling it “a corporation duly incorporated,” but not saying by what State incorporated, nor anything else about it; the company having in fact been incorporated by the State of New Jersey, a State not within the limits of any judicial district of New…
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Appeal from the Circuit Court for the Eastern District of New York. • Atkins filed a libel in the District Court for the Eastern District of New York, in a cause civil and maritime, against the Fibre Disintegrating Company; styling it “a corporation duly incorporated,” but not saying by what State incorporated, nor anything else about it; the company having in fact been incorporated by the State of New Jersey, a State not within the limits of any judicial district of New York, blit on the contrary forming in itself the judicial “ district of New Jersey.” The libel was on a charter-party'of…
1Opinion of the CourtJustice S Wayne
recapitulated the facts of the case and delivered the opinion of the court.
The libel is founded upon a charter-party and seeks to recover freight earned by the ship Elizabeth Hamilton in bringing a cargo of bamboo from Kingston and Port Mo-rant, in the island of Jamaica; for demurrage while the ship was obtaining the cargo, and for damages to the. ship by getting on a reef when leaving Port Morant.
The libel alleges that the respondents are a corporation, and have property in the district, and prays for process against them, and, if they were not found, that a foreign attachment issue against…
2Cases cited7 opinions
- Edward's Lessee v. DarbySupreme Court of the United States · 1827
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
- Manro v. AlmeidaSupreme Court of the United States · 1825
- The Steamer St. LawrenceSupreme Court of the United States · 1862
- Lessee of Brewer v. BlougherSupreme Court of the United States · 1840
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3Cited by114 opinions
- United States v. American Trucking AssociationsSupreme Court of the United States · 1940
- Ex Parte State of New York, No. 1Supreme Court of the United States · 1921
- Hawaii v. MankichiSupreme Court of the United States · 1903
- Vitol, S.A. v. Primerose Shipping Co.Court of Appeals for the Fourth Circuit · 2013
- Coal & Coke Ry. Co. v. ConleyWest Virginia Supreme Court · 1910
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