Winsmore v. The Marion Harriss
District Court, E.D. Pennsylvania
On December 13, 1895, libels for wages were filed against tbe Marion S. Harriss, under wbicb she was ordered to be sold. The other libels above mentioned were subsequently filed. Hpon i.ie sale and the payment of the proceeds in the registry of the court for distribution, the whole matter was referred to Henry Flanders, Esq., as commissioner. From his report the following facts appear: The Marion S. Harriss was originally a Norwegian vessel.
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On December 13, 1895, libels for wages were filed against tbe Marion S. Harriss, under wbicb she was ordered to be sold. The other libels above mentioned were subsequently filed. Hpon i.ie sale and the payment of the proceeds in the registry of the court for distribution, the whole matter was referred to Henry Flanders, Esq., as commissioner. From his report the following facts appear: The Marion S. Harriss was originally a Norwegian vessel. She was abandoned at sea, and towed into Wilmington, N. C., where she was sold at auction on January 15, 1894, to S. W. Skinner, a shipwright of that…
1Opinion of the CourtButler, District Judge
(after stating the facts as above). The exceptions of Mr. Skinner, the mortgagee, must be dismissed, for tbe reasons stated by tbe learned commissioner.
The exceptions of George Harriss, Son & Go. must be sustained. In view of the proofs I cannot distinguish the claim of tbe exceptors from those allowed. W. N. Harriss never had any interest in the vessel. His assertion that lie had, and his acts in pursuance of it, would estop him, and doubtless his firm, from asserting the contrary, - — against others who were thus misled. Tbe parties here were not misled. Again, he reconveyed his paper title…
2Cases cited5 opinions
- Ammon v. The VigilanciaDistrict Court, S.D. New York · 1893
- Lord v. The Hiram R. DixonDistrict Court, E.D. New York · 1887
- Mayo v. The ChelmsfordDistrict Court, E.D. Pennsylvania · 1888
- McGee v. The Agnes BartonDistrict Court, E.D. Virginia · 1886
- The HuronDistrict Court, D. Massachusetts · 1886