Van Den Toorn v. Leeming
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. This was a libel in personam by William H. Van Den Toorn, as agent and trustee, against Thomas Leeming and another, to enforce contribution in general average from defendants as consignees of certain cargo shipped on board the steamship Schiedam. The district court rejected the main item of damage for which contribution was claimed (70 Fed. 251), and the libelant has appealed.
1Opinion of the Court
SHIPMAN, Circuit Judge.
The libelant, in behalf of the steamship Schiedam, filed a libel to recover from the respondents $1,-*108158.90, as tlie contribution from tlieir part of the cargo for general average expenses incurred by the ship. The district court decreed payment of $181.21, which was the amount admitted to be due after the rejection of the damages which Avere held not to be properly included in general average. From this decree the libelants appealed.
The facts of the case are succinctly stated by the judge of the district court, as folloAvs:
“The aboA'e libel was filed to enforce the…
2Cases cited4 opinions
- EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
- Star of HopeSupreme Court of the United States · 1870
- Barnard v. AdamsSupreme Court of the United States · 1851
- Millard v. The SchiedamDistrict Court, S.D. New York · 1891
3Cited by1 opinion
- United States v. St. Paul Fire & Marine Ins.District Court, S.D. New York · 1931