Mississippi Coal & Ice Co. v. Ottumwa Belle
District Court, S.D. Iowa
In Admiralty. Upon February 10, 1890, the Mississippi Coal & Ico Company, a corporation, brought its claim into this court for §109.77 for supplies by it furnished to the steamer Ottumwa Belle, between the dates of April 24 and October 2, 1895, inclusive; said steamer at and between the said dates being duly employed in the business of commerce and navigation between ports of different states of the United States upon the Mississippi river.
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In Admiralty. Upon February 10, 1890, the Mississippi Coal & Ico Company, a corporation, brought its claim into this court for §109.77 for supplies by it furnished to the steamer Ottumwa Belle, between the dates of April 24 and October 2, 1895, inclusive; said steamer at and between the said dates being duly employed in the business of commerce and navigation between ports of different states of the United States upon the Mississippi river. By due process said steamer was taken into the custody of the marshal. The claimants, S. & J. O. Atice, by due delivery bond released said steamer, and…
1Opinion of the CourtWoolson, District Judge
(after stating the facts as above). The exceptions of libelant are (1) that the facts relied on do not constitute an estoppel, and (2) the amount tendered is not sufficient, even if the estoppel should be held well pleaded.
The first exception is argued by counsel for libelant under two heads, or subdivisions, — one being, that claimants did not disclose to libelant why they wished to have the information, and the other being that it does not appear that libelant had any reason to suppose claimants had any interest in knowing whether libelant had any claim for supplies furnished. As presented…
2Cases cited12 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Farmers & Mechanics' Bank v. Butchers & Drovers' BankNew York Court of Appeals · 1857
- Dair v. United StatesSupreme Court of the United States · 1873
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Griswold v. . HavenNew York Court of Appeals · 1862
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3Cited by4 opinions
- Terre Haute Cooperage, Inc. v. BranscomeMississippi Supreme Court · 1948
- Seaman v. Big Horn Canal Ass'nWyoming Supreme Court · 1923
- Miller v. AhrensU.S. Circuit Court for the District of Northern West Virginia · 1908
- Boundary County v. WoldsonDistrict Court, D. Idaho · 1943