Legal Opinion

United Transportation & Lighterage Co. v. New York & Baltimore Transp. Line

Court of Appeals for the Second Circuit

Decided February 14, 1911No. Nos. 143, 144PublishedCited by 53 opinions

Appeals from tlie District Court of tlie United Stales for the Southern District of New York. Suit in admiralty by the United Transportation & lighterage Company against the New York & Baltimore Transportation Line, and cross-libel by respondent against libelant. Decrees for libelant and dismissing the cross-libel (180 Fed. 902), and respondent appeals.

1Opinion of the Court

NOYES, Circuit Judge (after stating the facts as above).

The amount due the libelant under the original libel was not disputed, and the matters set up in the cross-libel do not constitute matters of defense thereto except as they may serve to diminish the amount recoverable if established as an affirmative demand in favor of the respond- . ent.

At the outset the libelant contends that the District Court had no power to entertain this affirmative demand and grant the respondent the relief prayed for in its cross-libel, because:(1) Tlie relief sought is not based upon the same cause of action as…

2Cases cited21 opinions

  1. People's Ferry Company of Boston v. BeersSupreme Court of the United States · 1858
  2. The Steamer EclipseSupreme Court of the United States · 1890
  3. Eber B. Ward, Survivor, &C., Owner of the Steamboat Detroit v. Charles ThompsonSupreme Court of the United States · 1859
  4. Bogart v. the Steamboat John JaySupreme Court of the United States · 1855
  5. Minturn v. MaynardSupreme Court of the United States · 1855

16 more not listed; retrieve them via the Exa API.

3Cited by53 opinions

  1. Washington-Southern Navigation Co. v. Baltimore & Philadelphia Steamboat Co.Supreme Court of the United States · 1924
  2. Archawski v. HaniotiSupreme Court of the United States · 1956
  3. United States v. Isthmian Steamship Co.Supreme Court of the United States · 1959
  4. Cory Bros. & Co. v. United StatesCourt of Appeals for the Second Circuit · 1931
  5. Sword Line, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1955

48 more not listed; retrieve them via the Exa API.

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