Legal Opinion

Smith v. Robinson

Court of Appeals for the Second Circuit

Decided December 3, 1894No. 25PublishedCited by 6 opinions

Appeal from the District Court of the United States for the Southern District of New York. This was a libel by Jeremiab P. Robinson and others, as executors of Jeremiah Robinson, deceased, against the steamship Idlewild for wharfage. The district court rendered a decree for the libelants. 59 Fed. 628. Claimant appeals.

1Opinion of the Court

SHIPMAH, Circuit Judge.

The libel in this case was filed to recover wharfage charges against the steamship Idlewild for the period of 19 days during which she lay at the libelants’ wharf at the foot of Court street, in Brooklyn. The district court found that the facts established an implied agreement to pay a reasonable charge for the steamer’s use of the wharf, and decreed in favor of the libelants at the rate of $5.43 per day. Ho objection is made to this amount, if anything is due. The appeal calls in question the right of the libel-ants to receive anything for the use of the wharf, because…

2Cases cited6 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. The "Idaho."Supreme Court of the United States · 1877
  3. Kinsman v. ParkhurstSupreme Court of the United States · 1856
  4. Matter of Assignment of HolbrookNew York Court of Appeals · 1885
  5. B'd Sup'rs of Seneca v. . AllenNew York Court of Appeals · 1885

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3Cited by6 opinions

  1. Whittaker v. StangvickSupreme Court of Minnesota · 1907
  2. Southeastern Pipe-Line Co. v. GarrettSupreme Court of Georgia · 1941
  3. The M. L. C. No. 10Court of Appeals for the Second Circuit · 1926
  4. Port of Willapa Harbor V.Nelson Crab & Oyster Co.Washington Supreme Court · 1942
  5. Southeastern Pipe-Line Co. v. GarrettSupreme Court of Georgia · 1941

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