British & Foreign Marine Ins. v. Kilgour S. S. Co.
District Court, S.D. New York
In Admiralty. Suit by the British & Foreign Marine Insurance Company and others against the Kilgour Steamship Company, limited, and the Munson Steamship Cine. Final hearing in Admiralty.
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In Admiralty. Suit by the British & Foreign Marine Insurance Company and others against the Kilgour Steamship Company, limited, and the Munson Steamship Cine. Final hearing in Admiralty. Action by cargo owners, and cargo' underwriters on steamship Dunkeld to recover ( L) for salvage paid by underwriters and earned by releasing Dunkeld and cargo from peril after stranding on coast of North Carolina; and (2) for value of cer - tain cargo used as fuel by the steamship in completing her voyage after salvage service rendered. The Kilgour Company is the owner-of the steamship, which was under time…
1Opinion of the Court
HOUGH. District Judge.
The Dunkeld left Antilla, Cuba, on March 20, 1908, fully laden with a cargo of sugar, which she intended to and did deliver at New York. She had then on board HO tons of coal, much if not most of it known to be of inferior quality, though not believed to he so bad as was finally proven. Her master and engineer knew that with such weather and currents as were reasonably to be expected New York could not be reached with the contents of her bunkers. It was hoped that Newport News could and would be made, and their intention was to put in and recoal there. The Dun-keld had…
2Cases cited4 opinions
- Evans v. New York & P. S. S. Co.District Court, S.D. New York · 1906
- Hurlbut v. TurnureCourt of Appeals for the Second Circuit · 1897
- Hurlbut v. TurnureDistrict Court, S.D. New York · 1896
- Amazon Ins. Co. v. The Iron MountainUnited States Circuit Court · 1876
3Cited by9 opinions
- Charles Pfizer & Co. v. Convoy S. S. Co.Court of Appeals for the Third Circuit · 1924
- Heinrich C. Horn, of the M/s Heinz Horn v. Cia De Navegacion Fruco, S.A. And J. R. Atkins, D/B/A Alabama Fruit and Produce Companu, Cia De Navegacion Fruco, S.A. And J. R. Atkins, D/B/A Albama Fruit and Produce Company v. Heinrich C. Horn, of the M/s Heinz HornCourt of Appeals for the Fifth Circuit · 1969
- Horn v. Cia de Navegacion FrucoCourt of Appeals for the Fifth Circuit · 1968
- The Thomas P. BealCourt of Appeals for the Third Circuit · 1926
- Tice Towing Line v. James McWilliams Blue LineDistrict Court, S.D. New York · 1931
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