Davis v. Smokeless Fuel Co.
District Court, S.D. New York
In Admiralty. Suit by Cornelius A. Davis and others against the Smokeless Fuel Company. On motion to confirm commissioners’ report.
1Opinion of the Court
HOUGH, District Judge.
But two points need now be considered, for, conceding every other contention advanced by libelant, the fact remains that upon a claim for demurrage which was ripe for suit on April 3, 1903, this action was begun by service of process on April 3, 1909.
During all this period of inaction, suit might have been started at any time, not only in West Virginia, the state of respondent’s incorporation, but in this district and court, inasmuch as respondent has throughout the period in question maintained an office and agent in the city of New York.
Admittedly, if this suit had…
2Cases cited4 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Southard v. BradyU.S. Circuit Court for the District of Southern New York · 1888
- Whitman v. Citizens' Bank of ReadingCourt of Appeals for the Second Circuit · 1901
- Connecticut National Bank v. . BaylesNew York Court of Appeals · 1900
3Cited by3 opinions
- Nolte v. Hudson Nav. Co.Court of Appeals for the Second Circuit · 1924
- The City of AtlantaDistrict Court, S.D. Georgia · 1927
- The SydfoldDistrict Court, E.D. New York · 1935