The Hougomont
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Libel by Lionel Emerson and others against the bark Hougomont, of which John MacDonald was claimant. From a decree dismissing the libel, libelants appeal.
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Appeal from the District Court of the United States for the Eastern District of New York. Libel by Lionel Emerson and others against the bark Hougomont, of which John MacDonald was claimant. From a decree dismissing the libel, libelants appeal. The Hougomont is a British vessel, and arrived at a pier in New York harbor on 27th December, 1917. The libel was filed by 11 seamen on 8th January, 1918. Two more intervened as eolibelants by petition filed 17th January, 1918. Suit is under section 4 of the Seamen’s. Act of March 4, 1915 (38 Stat. 1165 [Comp. St. § 8322]), being the statute amendatory…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). As the demand pleaded, as well as all demands sought to be proved by libelants, were made less than five days after arrival in the port of New York, the court below dismissed the libel upon The Italier, supra. Since the ruling in Strathearn, etc., Co. v. Dillon, 252 U. S. 348, 40 Sup. Ct. 350, 64 L. Ed. 607, the reasons given for the decree appealed from are not good, and we are required to consider the facts anew.
The evidence as to what demands were made by crew upon captain, and how and when such demands were advanced, is extraordinarily confused and…
2Cases cited3 opinions
- Strathearn Steamship Co. v. DillonSupreme Court of the United States · 1920
- The LondonCourt of Appeals for the Third Circuit · 1917
- The PinnaCourt of Appeals for the Fifth Circuit · 1919
3Cited by4 opinions
- The TairoaCourt of Appeals for the Second Circuit · 1924
- Malanos v. ChandrisDistrict Court, N.D. New York · 1959
- United States v. AlbersCourt of Appeals for the Second Circuit · 1940
- The HavensideDistrict Court, E.D. New York · 1926