Berwind-White Coal Mining Co. v. Robinson Shipping Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel in admiralty by the Berwind-White Coal Mining Company against the steamship Buckhannon, her engines, etc,; the Robinson Shipping Company, claimant. The AStna Surety & Casualty Company intervened as stipulator on claimant’s bond. From an adverse decree, libelant appeals. Libelant is a Pennsylvania corporation transacting business in New York City.
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Appeal from the District Court of the United States for the Southern District of New York. Libel in admiralty by the Berwind-White Coal Mining Company against the steamship Buckhannon, her engines, etc,; the Robinson Shipping Company, claimant. The AStna Surety & Casualty Company intervened as stipulator on claimant’s bond. From an adverse decree, libelant appeals. Libelant is a Pennsylvania corporation transacting business in New York City. At the request and by the order of persons acting as agents for Buckhannon’s owners, libelant arranged for and procured certain firms or cor-pox-ations…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The appearance of the stipulator as an intervener cannot be recognized. The only difference in this regard between this case and that of Paulsen v. The Cartona (C. C. A.) 297 Fed. 827, is that the stipulator himself was permitted to intervene in this cause, instead of those who had given cross-security to the stipulator. It is just as true in this instance as it was in that of the case cited that the stipulator has no interest in the res, and therefore cannot be permitted to appear as an intervener. We have, however, heard and considered the argument,…
2Cases cited7 opinions
- United States v. CarverSupreme Court of the United States · 1923
- The South CoastSupreme Court of the United States · 1920
- The CartonaCourt of Appeals for the Second Circuit · 1924
- Deibert Barge-Bldg. Co. v. United StatesCourt of Appeals for the Fourth Circuit · 1923
- United States v. Safe Deposit & Trust Co.Court of Appeals for the Fourth Circuit · 1923
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- International Refugee Organization v. Maryland Drydock Co. The San FranciscoCourt of Appeals for the Fourth Circuit · 1950
- United States v. Certain Subfreights Due Steamship NeponsetDistrict Court, D. Massachusetts · 1924
- The LydiaCourt of Appeals for the Second Circuit · 1924
- Virginia Shipbuilding Corp. v. United States Shipping Board Emergency Fleet Corp.District Court, E.D. Virginia · 1925
- L. I. R. R. No. 18Court of Appeals for the Second Circuit · 1933
5 more not listed; retrieve them via the Exa API.