Morse Ironworks & Dry Dock Co. v. Luckenbach

ADAMS, District Judge.

This is a motion on the part of Lewis Luckenbach, the cross-libellant, to stay the libellant’s proceedings until it shall, as respondent in the cross-libel, give security for the damages claimed in the cross-libel.

The action is in personam to recover from Luckenbach (i) a balance of $950, claimed to be due for work, &c., on the steamship “Saale,” and (2) a balance of $34,803.45 claimed to be due for work, &c., on the steamship “Styria.”

The defences seem to be, (1) an offset claimed to amount to $800 for damages arising from delay in performing the work upon the Saale,…