Marine Railroad, Shipbuilding & Coal Co. v. Mattano
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Eastern District of Virginia. In Admiralty. Libel in rem against the steamboat Mattano and George L. Sheriff, her owner, by the Marine Railroad, Shipbuilding & Coal Company, to recover for repairs made on the vessel. Decree for libelant as to a small part of its claim, which decree was affirmed in the circuit court. Libelant appeals. A motion to dismiss the case for want of jurisdiction was heretofore overruled.
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Appeal from the Circuit Court of the United States for the Eastern District of Virginia. In Admiralty. Libel in rem against the steamboat Mattano and George L. Sheriff, her owner, by the Marine Railroad, Shipbuilding & Coal Company, to recover for repairs made on the vessel. Decree for libelant as to a small part of its claim, which decree was affirmed in the circuit court. Libelant appeals. A motion to dismiss the case for want of jurisdiction was heretofore overruled. Reversed.
1Opinion of the Court
Simonton, District Judge.
This is a libel in rem. The cause of action is a balance due for work and labor, time and money, expended in and about the care of and repairs to the steamboat Mattano, of which George L. Sheriff is owner. The account is filed with the libel, showing the sum of $5,086.70 charged, with a credit of $3,250 paid, leaving the balance, $1,836.70, stiff due. The answer sets up as a defense overcharges in labor, time, and materials, as well as loss of service and expense incurred from unnecessary delay; It admits $198.19 to be due. At the hearing the district court sustained…
2Cases cited3 opinions
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- In Re ClaasenSupreme Court of the United States · 1891
- Northern Pac. R. Co. v. AmatoCourt of Appeals for the Second Circuit · 1892
3Cited by3 opinions
- The Alijandro v. WallaceCourt of Appeals for the Ninth Circuit · 1893
- Horton v. ReynoldsCourt of Appeals for the Eighth Circuit · 1933
- William Barnes v. Edward ThomasCourt of Appeals for the Fourth Circuit · 2019