Legal Opinion

The Robert & Edwin

District Court, D. Massachusetts

Decided April 18, 1929No. 184PublishedCited by 6 opinions

1Opinion of the Court

MORTON, District Judge.

The Robert and Edwin was owned by one Sinagra, who became a voluntary bankrupt. The schooner was subject to various claims giving rise to maritime liens, and after the bankruptcy petition had been filed, but- before the appointment of any receiver or trustee, a libel in rem was filed against her to enforce some of these claims. Process under the libel was held up until a trustee should be appointed. Then a summons issued, bringing him in.

The question is whether .the court shall proceed on the admiralty side, taking the schooner out of the possession of the trustee, or…

2Cases cited3 opinions

  1. Meek v. Centre County Banking Co. Dale v. Same. Breeze v. SameSupreme Court of the United States · 1925
  2. Meek v. Centre County Banking Co.Supreme Court of the United States · 1925
  3. The CascoDistrict Court, D. Massachusetts · 1916

3Cited by6 opinions

  1. In RE: MILLENIUM SEACARRIERS, INC., DEBTOR, UNIVERSAL OIL LTD, LIBERIAN INTERNATIONAL SHIP & CORPORATE REGISTRY, LLC v. ALLFIRST BANK, FORMERLY KNOWN AS FIRST NATIONAL BANK OF MARYLAND, FORMERLY KNOWN AS WAYLAND INVESTMENT FUNDS, LLC, ASPIDA TRAVEL, LTD, ASSURANCE FORENINGEN SKULD (GJENSIDIG)—DEN DAN, BREAKBULK MARINE SERVICES, LTD., CANFORNAV, LTD., THE CREW OF THE DEBTOR'S VESSELL DET NORSKE VERITAS FUEL AND MARINE MARKETING, GULF STATES MARINE, INC, IHI MARINE CO., LTD., KENT TRADE & FINANCE, MARITIME TRANSPORT WORKERS UNION OF RUSSIA, OMNI NAVIGATION, LTD., ORIENT SHIPPING, PACNAV, S.A., PANCOAST TRADING, S.A., TOTAL FINA ELF LUBRIFIANTS, S.A., UNISERVICE MEDITERRA, PRAXIS ENERGY AGENTS S.A., PRAXIS ENERGY AGENTS S.A. v. ALLFIRST BANK, FORMERLY KNOWN AS FIRST NATIONAL BANK OF MARYLAND, FORMERLY KNOWN AS WAYLAND INVESTMENTS FUNDS, LLC, MILLENIUM SEACARRIERS, INC., IVY NAVIGATION, LTD., MILLENIUM II, INC., MILLENIUM IV, INC., MILLENIUM V, INC., MILLENIUM VI, INC., MILLENIUM ALEKSANDER, INC., MILLENIUM AMETHYST, INC., MILLENIUM ASSET INC., MILLENIUM BALTIC, INC., ASPIDA TRAVEL, LTD., ASSURANCE FORENINGEN SKULD (GJENSIDIG)—DEN DAN, BREAKBULK MARINE SERVICES, LTD., CANFORNAV, LTD., THE CREW OF THE DEBTOR'S VESSELL DET NORSKE VERITAS FUEL AND MARINE MARKETING, GULF STATES MARINE, INC, IHI MARINE CO., LTD., KENT TRADE & FINANCE, MARITIME TRANSPORT WORKERS, UNION OF RUSSIA, OMNI NAVIGATION, LTD., ORIENT SHIPPING, PACNAV, S.A., PANCOAST TRADING S.A., TOTAL FINA ELF LUBRIFIANTS, S.A., UNISERVICE MEDITERRACourt of Appeals for the First Circuit · 2005
  2. Universal Oil Ltd. v. Allfirst BankCourt of Appeals for the Second Circuit · 2005
  3. Morgan Guaranty Trust Co. v. Hellenic Lines Ltd.District Court, S.D. New York · 1984
  4. In Re MartinDistrict Court, E.D. New York · 1948
  5. In re New York, N. H. & H. R.District Court, D. Connecticut · 1936

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