Morse Dry Dock & Repair Co. v. Susquehanna S. S. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Libel in admiralty by the Morse DryDock & Repair Company against the bark Spica, her tackle, etc., the Susquehanna Steamship Company, as agent, etc., claimant. From a decree for libelant, claimant appeals. The Spica is an Italian vessel, whose owners, in the spring of 1918, desire.d to change her into an auxiliary. They were represented in the United. States by a shipmaster, Capt.
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Appeal from the District Court of the United States for the Eastern District of New York. Libel in admiralty by the Morse DryDock & Repair Company against the bark Spica, her tackle, etc., the Susquehanna Steamship Company, as agent, etc., claimant. From a decree for libelant, claimant appeals. The Spica is an Italian vessel, whose owners, in the spring of 1918, desire.d to change her into an auxiliary. They were represented in the United. States by a shipmaster, Capt. Figari,. and , with him the libelant, a ship-repairing concern, made whatever arrangements were made. Figari had an engine…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The pleadings in this case so disguise and obscure the issues that it will be necessary, after investigating the proof, to give decree regardless of their technicalities, on the principles stated in The Volunteer, 149 Fed. 723, 79 C. C. A. 429, and Dampskibs Thor v. Tropical Fruit Co. (C. C. A.) 281 Fed. 740.
[1] The procedure chosen in the court below for the ascertainment of facts requires some comment. We have inferred a consent to a reference, because.in invitum such reference would have been illegal. The answer, however inartistic in form, proffered “on…
2Cases cited25 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Dermott v. JonesSupreme Court of the United States · 1865
- Hawkins v. United StatesSupreme Court of the United States · 1877
- The RosaliaCourt of Appeals for the Second Circuit · 1920
- Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
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3Cited by33 opinions
- United States v. BeckerCourt of Appeals for the Second Circuit · 1933
- Straus v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1924
- Massachusetts Bonding & Ins. Co. v. Norwich Pharmacal Co.Court of Appeals for the Second Circuit · 1927
- United States v. Mammoth Oil Co.Court of Appeals for the Eighth Circuit · 1926
- United States v. MortimerCourt of Appeals for the Second Circuit · 1941
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