The Boston
District Court, S.D. New York
In admiralty. The first libel in this case was filed, in rem, by William Morrison, to enforce a bottomry bond executed to him in Glasgow, in Scotland, on' the 3d of November, 1831, by Henry Upton, as master of the ship Boston, an American vessel.
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In admiralty. The first libel in this case was filed, in rem, by William Morrison, to enforce a bottomry bond executed to him in Glasgow, in Scotland, on' the 3d of November, 1831, by Henry Upton, as master of the ship Boston, an American vessel. In February, 1831, Oliver P. Finlay, at that time master and sole owner of the Boston, died while his ship was on a voyage from Greenock, in Scotland, to Charleston, in Sohth Carolina, and Henry Upton, then chief mate, took command, and carried the vessel into the latter port He there gave her up to the confidential agent of Finlay, who was also…
1Opinion of the Court
BETTS, District Judge.
The right of Nutt, the claimant, to intervene, is contested by the libellants in both causes, because he received his appointment as administrator from a foreign jurisdiction, and did not acquire thereby a persona standi in this court. It might be sufficient to say, in answer to this objection, that the suits being in rem, and the vessel having been sold and the proceeds brought into court, the libellants must satisfy the court affirmatively of their right to withdraw the funds, before they will be decreed in satisfaction of the suits, whatever may be the legal rights of…
2Cases cited5 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Doolittle v. LewisNew York Court of Chancery · 1823
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
- M'Cullough v. YoungSupreme Court of Pennsylvania · 1803
- American Insurance v. CosterNew York Court of Chancery · 1831
3Cited by2 opinions
- Veverica v. Drill Barge Buccaneer No. 7Court of Appeals for the Fifth Circuit · 1974
- Veverica v. Drill Barge Buccaneer No. 7Court of Appeals for the Fifth Circuit · 1974