The Union
U.S. Circuit Court for the District of Southern New York
[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem. filed in the district court, by the owners of the ship Charles, against the steamship Union, for a collision, which occurred off Cape Hatteras, on the 3d of February. 1854. The libel claimed $4,000 damages.
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[Appeal from the district court of the United States for the Southern district of New York.] This was a libel in rem. filed in the district court, by the owners of the ship Charles, against the steamship Union, for a collision, which occurred off Cape Hatteras, on the 3d of February. 1854. The libel claimed $4,000 damages. The owners of the Union appeared as claimants, to defend, and two of them, Spofford and Tileston, entered into the usual stipulation for costs and the value of the vessel, the latter to the extent of $4,000, the damages claimed in the libel, upon which the vessel was…
1Opinion of the Court
NELSON, Circuit J ustice.
Upon the proofs, 1 am satisfied that the decree of the court below in favor of the libellants was correct and should be affirmed. The questions presented on the appeal relate more particularly to the amount of damages. It is to be observed, in the first place, that this is a proceeding in rem, the owners appearing to defend, as claimants, on entering into the usual stipulation. Therefore, no decree can be rendered personally against them, except as stipulators in the suit; and, of course, only to the amount provided for in their stipulation. Hence, the decree in this…
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- The William F. McRaeDistrict Court, E.D. Michigan · 1885
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- Hawgood & Avert Transit Co. v. DingmanCourt of Appeals for the Eighth Circuit · 1899
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