Legal Opinion

The Florence H.

District Court, S.D. New York

Decided April 22, 1918PublishedCited by 15 opinions

In Admiralty. Ribel by H. R. Moss & Co. against the steamer Florence H. On objections to the jurisdiction of the court. H. E. Moss & Co., the owners of the British vessel Mirlo, hied a libel in rein against the steamer Florence H., alleging a collision on the high seas, for which the libel claimed damages.

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In Admiralty. Ribel by H. R. Moss & Co. against the steamer Florence H. On objections to the jurisdiction of the court. H. E. Moss & Co., the owners of the British vessel Mirlo, hied a libel in rein against the steamer Florence H., alleging a collision on the high seas, for which the libel claimed damages. The stipulation upon whieb the suggestion of record was hoard stated that the Florence H. np to August 3, 3917, was under construction at one of the private shipyards of the United States. On that day the United States Shipping Board Emergency Fleet Corporation, under the Urgent Deficiency…

1Opinion of the CourtLearned Hand, District Judge

(after stating the facts as above). The question raised is of the propriety of the arrest attempted by the marshal in accordance with the prayer of the libel. It depends, first, upon the immunity of the ship from any arrest because of her ownership and possession; second, upon the existence of any lien arising from the collision at a time when she was in possession of the French republic under charter from the United States, assuming, of course, the truth of the facts alleged in the libel upon which the lien depended.

[1] I may assume that a vessel owned by the United States and in its…

2Cases cited11 opinions

  1. United States v. LeeSupreme Court of the United States · 1882
  2. Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
  3. American Banana Co. v. United Fruit Co.Supreme Court of the United States · 1909
  4. Workman v. New York CitySupreme Court of the United States · 1900
  5. The SirenSupreme Court of the United States · 1869

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3Cited by15 opinions

  1. Brady v. Roosevelt Steamship Co.Supreme Court of the United States · 1943
  2. The Western MaidSupreme Court of the United States · 1922
  3. The RogdaiDistrict Court, N.D. California · 1920
  4. The Ceylon MaruDistrict Court, D. Maryland · 1920
  5. The F. J. LuckenbachDistrict Court, S.D. New York · 1920

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