Successors De Esmoris & Co. v. Whitney & Bodden Shipping Co.

ERVIN, District Judge.

The question for determination in this case is whether or not E. D. Plyn Export Company owning a 5%28 interest in the schooner Resolute is entitled to take advantage of the limitation of liability provided for in section 18 of the Act of June 26, 1884 (46 USCA § 189), providing that the individual liability of the shipowner shall be limited to the proportion of any or all debts that his individual share bears to the whole.

The facts in the case are that a charter party of the vessel was made by Whitney & Bodden Shipping Company, one of the joint owners of the Resolute,…