Rebecca Clyde
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.] In this ease, which was a libel for salvage, tiled in the district court, that court awarded to the libellants a sum of money, as salvage. [Case No. 11,621.] Both parties appealed to this court, which decided that the sum awarded by the district court was a proper allowance. [Case unreported.] The libellants now applied to be allowed, by the decree, interest on such sum, from the…
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[Appeal from the district court of the United States for the Southern district of New York.] In this ease, which was a libel for salvage, tiled in the district court, that court awarded to the libellants a sum of money, as salvage. [Case No. 11,621.] Both parties appealed to this court, which decided that the sum awarded by the district court was a proper allowance. [Case unreported.] The libellants now applied to be allowed, by the decree, interest on such sum, from the date of the decree of the district court.
1Opinion of the Court
WOODRUFF, Circuit Judge.
Had the libellants acquiesced in the decree in the court below, so that it could be fairly said that they were kept out of the money awarded to them for salvage, by the continued resistance of the claimants to what that court and this have deemed their just right, I should have been disposed to allow them interest on the amount awarded. But their own appeal, in connection with that of the claimants, presents the case in one of two aspects, alike forbidding such allowance. Either they have, by their own appeal, deprived themselves of the right to enforce the decree, and…
2Cited by5 opinions
- Lauro v. United StatesCourt of Appeals for the Second Circuit · 1948
- Kansas City, Fort Scott & Memphis Railroad v. BerrySupreme Court of Kansas · 1895
- New York & Cuba Mail Steamship Co. v. The ExpressCourt of Appeals for the Second Circuit · 1892
- The S. V. LuckenbachCourt of Appeals for the Second Circuit · 1912
- Browne v. The C. P. RaymondU.S. Circuit Court for the District of Southern New York · 1887