Eastfield S. S. Co. v. McKeon
District Court, S.D. Alabama
In Admiralty. Suit by the Eastfield Steamship Company against J. T. McKeon and others. The court having decreed that libelant could not recover, on the ground of having parted with all interest in the suit, libelant moved to amend the libel by making it read: “East-field Steamship Company sues on its own behalf and for the use of Eield line, Cardiff, limited.”
1Opinion of the Court
TOUDMIN, District Judge.
The party really entitled to tbe relief should always be made libelant. The practice of instituting a suit in the name of one person for the benefit of another, to whom the right has been transferred, and of making one person libelant as the representative of another, does not obtain in admiralty, except in certain cases, as of salvage and other cases somewhat analogous, as suits for seamen’s wages having a like cause of complaint, and suits where the owner of goods claims damages for their injury or destruction while transported on a vessel. The goods being partially…
2Cases cited4 opinions
- Fretz v. BullSupreme Court of the United States · 1852
- The ManhassetDistrict Court, E.D. Virginia · 1884
- The ManhassetDistrict Court, E.D. Virginia · 1884
- The AnchoriaDistrict Court, S.D. New York · 1882
3Cited by7 opinions
- The Nichiyo MaruCourt of Appeals for the Fourth Circuit · 1937
- In Re LathrapCourt of Appeals for the Ninth Circuit · 1932
- Wittig v. Canada S. S. Lines, Ltd.District Court, W.D. New York · 1932
- The Fort GainesDistrict Court, D. Maryland · 1928
- The AlgicDistrict Court, S.D. Florida · 1936
2 more not listed; retrieve them via the Exa API.