The Rapid Transit
District Court, W.D. Tennessee
In Admiralty. The Rapid Transit was arrested on the libel of mariners for wages and sold in this court. Certain creditors, who had furnished the vessel at Memphis, Tennessee, intervened for their claims, as did other creditors who had furnished the vessel at Covington, Kentucky, and Cincinnati, Ohio. Prior to September 9, 1879, she was owned by Collins, who resided at Covington, hut did business at Cincinnati, and Holterhoff, who resided in Cincinnati.
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In Admiralty. The Rapid Transit was arrested on the libel of mariners for wages and sold in this court. Certain creditors, who had furnished the vessel at Memphis, Tennessee, intervened for their claims, as did other creditors who had furnished the vessel at Covington, Kentucky, and Cincinnati, Ohio. Prior to September 9, 1879, she was owned by Collins, who resided at Covington, hut did business at Cincinnati, and Holterhoff, who resided in Cincinnati. Collins was a man of wealth and Holterhoff a man of credit and means. On that day she was sold to the Rapid Transit Boating. Company, a…
1Opinion of the Court
Hammond, D. J.
A disputed question of fact lies at the threshold of this case. If Ashford’s testimony be true, Collins has no claim whatever of'any kind. The testimony was read at the bar, and I have since carefully read it twice without any very satisfactory conviction either way. And I am quite as much at a loss to say where the burden of proof lies, — whether on Collins, to prove that the sale to the corporation was of the vessel as she stood; or on the other intervening libellants, contesting his claim, that it was as she would be after the changes in her construction. The case should not…
2Cases cited26 opinions
- The LottawannaSupreme Court of the United States · 1875
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- The St. Jago De Cuba. Vinente, and OthersSupreme Court of the United States · 1824
- Morgan v. ParhamSupreme Court of the United States · 1873
- Broaddus's devisees v. Broaddus's heirsCourt of Appeals of Kentucky · 1874
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3Cited by5 opinions
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- The Dredge A.District Court, E.D. North Carolina · 1914
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- The RoanokeDistrict Court, E.D. New York · 1900