The Athanasios
District Court, S.D. New York
In Admiralty. Suits by James Carruthers & Co., limited, against the steamship Athanasios, N. D. Lykiardopulo, claimant, and Bowring & Co., and against N. D. Lykiardopulo, as owner of said steamship, in personam. On October 16, Í915, at,New York, the Greek steamship Athanasios was chartered to James Carruthers & Co., a Canadian corporation, to carry a cargo of grain from a port in the United States to a port in Europe.
Read the full summary
In Admiralty. Suits by James Carruthers & Co., limited, against the steamship Athanasios, N. D. Lykiardopulo, claimant, and Bowring & Co., and against N. D. Lykiardopulo, as owner of said steamship, in personam. On October 16, Í915, at,New York, the Greek steamship Athanasios was chartered to James Carruthers & Co., a Canadian corporation, to carry a cargo of grain from a port in the United States to a port in Europe. The charter recited that it was between H. Clarkson & Co., agents for owners, and was signed by Bowring & Co., “as agents by cable authority of H. Clarkson & Co., London.”…
1Opinion of the CourtHough, District Judge
(after stating the facts as above). [1] The motion for process with clause of foreign attachment is denied. The practice is correctly outlined in Benedict’s Admiralty, § 353 et seq., which is little more than a statement of the traditional law as contained in the briefs of counsel in Atkins v. Fibre & Co., 18 Wall. 292, 21 L. Ed. 841. For an instance in this court of how far this form of process depends on known possibilities of procuring appearance, see Shewan v. Hallenbeck (D. C.) 150 Fed. 231.
[2] The question whether Bowring & Co. are personally responsible, because in signing the charter…
2Cases cited4 opinions
- The Styria, Scopinich v. MunroeSupreme Court of the United States · 1902
- Atkins v. Disintegrating Co.Supreme Court of the United States · 1874
- Olivera v. The Union Insurance CompanySupreme Court of the United States · 1818
- Shewan v. HallenbeckDistrict Court, S.D. New York · 1906
3Cited by6 opinions
- The AttualitaCourt of Appeals for the Fourth Circuit · 1916
- Earn Line S. S. Co. v. Sutherland S. S. Co.District Court, S.D. New York · 1918
- The ValmarDistrict Court, E.D. Pennsylvania · 1941
- Maryland Shipbuilding & Drydock Co. v. Pacific Ruler Corp.District Court, S.D. New York · 1962
- Cavanaugh v. Starbuck Towing Corp.District Court, E.D. New York · 1919
1 more not listed; retrieve them via the Exa API.