In re John B. Rose Co.
District Court, S.D. New York
In Admiralty. Libels against certain canal boats, which were claimed by the John B. Rose Company, the Rose Brick Company, and the Cornell Steamboat Company. On libelant’s motion to amend the libel and re-arrest the boats. The case came up on a motion to amend a libel in rem against certain canal boats for towage charges and to re-arrest the boats.
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In Admiralty. Libels against certain canal boats, which were claimed by the John B. Rose Company, the Rose Brick Company, and the Cornell Steamboat Company. On libelant’s motion to amend the libel and re-arrest the boats. The case came up on a motion to amend a libel in rem against certain canal boats for towage charges and to re-arrest the boats. The original libel set forth a series of charges for towage of the several boats at different times; they were arrested, and released on stipulations for the amounts claimed. It then transpired, as this petition asserts, that the libelant had,…
1Opinion of the Court
LEARNED HAND, District Judge.
[1,2] Normally a vessel, once arrested and discharged, may not be again arrested for the same cause of action. The Union, 4 Blatchf. 90, Fed. Cas. No. 14,346; The White Squall, 4 Blatchf. 103, Fed. Cas. No. 17,570; The Thales, 3 Ben. 327, Fed. Cas. No. 13,855; Id., 10 Blatchf. 203, Fed. Cas. No. 13,856; The William F. McRae (D. C.) 23 Fed. 557; The Mutual (D. C.) 78 Fed. 144. There has always been a condition imposed upon the rule that if the stipulation was entered into “improvidently,” *368or through “fraud or mistake,” the court might order a new arrest, and…
2Cases cited8 opinions
- United States v. AmesSupreme Court of the United States · 1879
- The I. F. ChapmanCourt of Appeals for the First Circuit · 1917
- The William F. McRaeDistrict Court, E.D. Michigan · 1885
- Barnet Dumping Boat Co. v. The MutualDistrict Court, D. Connecticut · 1897
- The UnionU.S. Circuit Court for the District of Southern New York · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- JK Welding Co. v. Gotham Marine CorporationDistrict Court, S.D. New York · 1931
- Attleboro Steam & Electric Co. v. Narragansett Electric Lighting Co.District Court, D. Rhode Island · 1924
- The King BleddynDistrict Court, S.D. Alabama · 1927