Wilhelmsens Dampskibaktiesselskab v. Canadian Venezuelan Ore Co.
Court of Appeals for the Second Circuit
Appeals from the-District Court of the United States for the Southern District of New York. These causes come here upon appeal from decrees of the District Court, Southern District of New York, in favor of- libelants. The questions presented are the same in each -case and it will tend to simplify the matter if the facts in the first case only are discussed in this opinion.
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Appeals from the-District Court of the United States for the Southern District of New York. These causes come here upon appeal from decrees of the District Court, Southern District of New York, in favor of- libelants. The questions presented are the same in each -case and it will tend to simplify the matter if the facts in the first case only are discussed in this opinion. The libelant is hereinafter called the Wilhelmsens Company or the shipowner; the respondent is called the Canadian Company; the garnishee is called the Inter-American Company. '
1DissentWard, Circuit Judge
I concur in the opinion of the court, except as to the extent of the garnishee’s liability to the attaching creditor. The decree should be affirmed, because the amount due to the garnishee for charter hire to the respondent, $1,823.25, is not subject to any set-off or counterclaim in admiralty arising out of-other independent transactions. The court cites two^ common-law cases, viz., Schuler v. Israel, 120 U. S. 506, 7 Sup. Ct. 648, 30 L. Ed. 707, which holds that the garnishee may set up any defense against the attaching creditor which he can set up against the defendant; and North Chicago…
2Cases cited5 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Schuler v. IsraelSupreme Court of the United States · 1887
- United Transportation & Lighterage Co. v. New York & Baltimore Transp. LineCourt of Appeals for the Second Circuit · 1911
- George D. Emery Co. v. Tweedie Trading Co.District Court, S.D. New York · 1905
- Thebideau v. CairnsDistrict Court, D. Maine · 1909