The Neversink
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem, filed in the district court, against the steamboat Neversink, to recover the value of coal furnished to her at New Brunswick, New Jersey, between the 12th of March, 1866, and the latter part of April, 1866.' She made daily trips between the city of New York and New Brunswick, and was under a charter party to one Thornal and one Hine, who were the owners pro…
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[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem, filed in the district court, against the steamboat Neversink, to recover the value of coal furnished to her at New Brunswick, New Jersey, between the 12th of March, 1866, and the latter part of April, 1866.' She made daily trips between the city of New York and New Brunswick, and was under a charter party to one Thornal and one Hine, who were the owners pro hac vice, one White being the general owner. The vessel was registered in the city of New York, where the general owner…
1Opinion of the Court
NELSON, Circuit Justice.
That the coal supplied was necessary to enable the vessel to perform her daily trips, and earn her freight and passenger money, and that the credit for the supplies, as a matter of fact, was given to her and her owners, cannot be doubted, upon the proofs. The main ground of controversy is, whether or not there is sufficient evidence of an apparent necessity, existing at the time, within the rule of the maritime law, which justified the furnishing of the coal on the credit of the vessel. It has been said, or intimated, by very respectable authority, that this rule has…
2Cited by3 opinions
- Chandler v. The Willamette ValleyDistrict Court, N.D. California · 1896
- The IndiaU.S. Circuit Court for the District of Southern New York · 1883
- The Charlotte VanderbiltDistrict Court, S.D. New York · 1884