Legal Opinion

United States v. Cornell Steamboat Co.

Supreme Court of the United States

Decided May 14, 1906No. 239PublishedCited by 61 opinions

CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was a petition under wbat is known as the Tucker Act, defining the jurisdiction of the Court of Claims, to recover salvage upon the duties on 1,883 bags of sugar, cargo of the lighter Bangor.

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CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. This was a petition under wbat is known as the Tucker Act, defining the jurisdiction of the Court of Claims, to recover salvage upon the duties on 1,883 bags of sugar, cargo of the lighter Bangor. The facts agreed upon and found by the court are substantially as follows: The Steamboat Company, a New York corporation, and owner of the steam tug R. G. Townsend, at great risk and peril to the tug, saved a certain lot of 1,883 bags of sugar on board of a lighter called the Bangor, in the waters of the port óf New York, which was…

1Opinion of the CourtJustice Brown

• This is practically a libel in personam for the salvage of government property, viz., of $6,000 duties collected by the Government upon a cargo of sugar saved from loss by.fire, while on board a lighter in the harbor of New York.

The claim is prosecuted under what is known as the Tucker Act, 24 Stat. 505; Compiled Stat. 1901, pp. 752, 753, the first section of which declares that “ the Court of Claims shall have jurisdiction to hear and determine ... all claims founded upon the Constitution of the United States, or any law of Congress, . . . or upon any contract, express or implied, with the…

2Cases cited7 opinions

  1. Schooner Exchange v. McFaddonSupreme Court of the United States · 1812
  2. French v. EdwardsSupreme Court of the United States · 1872
  3. Supervisors v. United StatesSupreme Court of the United States · 1867
  4. Nash v. TowneSupreme Court of the United States · 1867
  5. Nichols v. United StatesSupreme Court of the United States · 1869

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3Cited by61 opinions

  1. Republic of Mexico v. HoffmanSupreme Court of the United States · 1945
  2. Schoenamsgruber v. Hamburg American LineSupreme Court of the United States · 1935
  3. New York Dock Co. v. Steamship PoznanSupreme Court of the United States · 1927
  4. Jansson v. Swedish American LineCourt of Appeals for the First Circuit · 1950
  5. Fred I. Putnam and James A. Overman v. Harry C. Lower, John Kadlec, George S. Herning, Edgar L. Peecher, William E. Barquist and Norman L. BunkerCourt of Appeals for the Ninth Circuit · 1956

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