Franklin Sugar-Refining Co. v. Funch
Court of Appeals for the Third Circuit
Appeals from the District Court of the United States for the Eastern District of Pennsylvania. This was a libel in admiralty, filed December 7, 1894, by Funch, Edye & Co., trustees, for the owners of the steamship Sophie Rickmers, against the Franklin Sugar-Refining Company, upon a general average bond given by respondents as owners of cargo. On December 26, 1894, the respondents filed a cross libel.
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Appeals from the District Court of the United States for the Eastern District of Pennsylvania. This was a libel in admiralty, filed December 7, 1894, by Funch, Edye & Co., trustees, for the owners of the steamship Sophie Rickmers, against the Franklin Sugar-Refining Company, upon a general average bond given by respondents as owners of cargo. On December 26, 1894, the respondents filed a cross libel. On March 12, .1895, after libelants had completed the taking of their proofs, the Franklin Sugar-Refining Company applied for . an order under admiralty rule 53, requiring Funch, Edye & Co. to…
1Opinion of the Court
ACHESON, Circuit Judge.
These two appeals are closely related, and they will be considered together.
1. The ground upon which the court below' put its refusal to make an order under Sup. Ct. Rule 53, in admiralty, requiring the respondents in the cross libel to give security and for a stay of the *845proceedings upon the original libel until security should be given, was that the application for security and stay was not made as “promptly as it might and should have been, nor until the original libelants had taken their testimony, and incurred the expense of doing so”; and that “to stay proceedings…
2Cases cited4 opinions
- The Edwin I. MorrisonSupreme Court of the United States · 1894
- Earnmoor v. California Ins. Co.District Court, S.D. New York · 1890
- Guy v. Citizens' Mut. Ins.District Court, S.D. Alabama · 1887
- Cheraw & Salisbury R. R. v. BroadnaxSupreme Court of Pennsylvania · 1885
3Cited by8 opinions
- Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
- Societa Anonima Cantiero Olivo v. Federal Ins.Court of Appeals for the Second Circuit · 1933
- Kalamazoo Ry. Supply Co. v. Duff Mfg. Co.Court of Appeals for the Sixth Circuit · 1902
- United States v. St. Paul Fire & Marine Ins.District Court, S.D. New York · 1931
- Genthner v. WileyDistrict Court, D. Massachusetts · 1898
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