Legal Opinion

The William F. McRae

District Court, E.D. Michigan

Decided January 26, 1885PublishedCited by 8 opinions

In Admiralty. This was a libel for a collision, promoted by Elizabeth McClure, who was averred to be the owner of the scow Frank Morris, the injured vessel.

Read the full summary

In Admiralty. This was a libel for a collision, promoted by Elizabeth McClure, who was averred to be the owner of the scow Frank Morris, the injured vessel. The case was submitted to the court informally upon the sufficiency of the following averment in the answer: “ (5) Respondent, further answering, says that on the sixth day of October, A. D. 1883, a libel was filed in this court by one George McClure, who is reputed to be the husband of the libelant herein, against the said tug William 3?. McRae, etc., for the same cause of action, as will more fully appear by an inspection of said libel;…

1Opinion of the CourtBrown, J.

That a vessel discharged from arrest upon admiralty process by the giving of a bond or stipulation for her value, or for the payment of the amount claimed in the libel, returns to her owner freed forever from the lien upon which she was arrested, and can never be seized again for the same cause of action, even by the consent of parties, is a proposition too firmly established to be open to question. The Kalamazoo, 9 Eng. Law & Eq. 557; The Wild Ranger, Brown. & Lush. 84; The Union, 4 Blatchf. 90; The White Squall, 4 Blatchf. 103; The Old Concord, 1 Brown, Adm. 270; The Josephine, 4 Cent. Law…

2Cases cited6 opinions

  1. Commander-In-ChiefSupreme Court of the United States · 1864
  2. The TillieU.S. Circuit Court for the District of Eastern New York · 1876
  3. The UnionU.S. Circuit Court for the District of Southern New York · 1857
  4. The ThalesDistrict Court, S.D. New York · 1869
  5. The White SquallU.S. Circuit Court for the District of Southern New York · 1857

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

3Cited by8 opinions

  1. JK Welding Co. v. Gotham Marine CorporationDistrict Court, S.D. New York · 1931
  2. Keystone Telephone Co. v. United StatesDistrict Court, E.D. New York · 1943
  3. Nielsen v. RobynDistrict Court, E.D. New York · 1924
  4. The ClevelandDistrict Court, D. Washington · 1899
  5. The Morning StarDistrict Court, E.D. New York · 1933

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API