Franklin Sugar-Refining Co. v. Funch
District Court, E.D. Pennsylvania
This was an application under the cross libel of the Franklin Sugar-Refining Company against Funch, Edye & Co. for an order requiring respondents to give security ior damages, according to admiralty rule 53, which reads as follows: “Whenever a cross libel is filed upon any counterclaim, arising out of the same cause of action for which the original libel was filed, the respondents in the ■cross libel shall give security in the usual amount and form, to respond in damages, as…
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This was an application under the cross libel of the Franklin Sugar-Refining Company against Funch, Edye & Co. for an order requiring respondents to give security ior damages, according to admiralty rule 53, which reads as follows: “Whenever a cross libel is filed upon any counterclaim, arising out of the same cause of action for which the original libel was filed, the respondents in the ■cross libel shall give security in the usual amount and form, to respond in damages, as claimed in said cross libel, unless the court, on cause shown, shall otherwise direct; and all proceedings upon the…
1Opinion of the Court
BUTLER, District Judge.
The original libel, (of Funch, Edye & Co. v. “The Franklin Sugar-Refining Co.,”) was filed December 7, 1894, and the answer thereto and cross libel were filed December 26, 1894, whereupon Funch, Edye & Co. proceeded to take their testimony and have now completed their proofs.
On the 12th day of March, 1895, “the Franklin Sugar-Refining Company” applied for an order under rule 53 in admiralty, requiring Funch, Edye & Co., to give security for such damages as may be recovered against them on cross libel, and for a stay of proceedings on the original libel till security be…
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