Legal Opinion
Shamrock Towing Co. v. Manufacturers' & Merchants' Lighterage Co.
District Court, E.D. New York
Decided February 9, 1918PublishedCited by 2 opinions
In Admiralty. Action in personam, with clause of foreign attachment, by the Shamrock Towing Company against the Manufacturers’ & Merchants’ Lighterage Company and the Hax Trading Company. On motion to dismiss libel.
1Opinion of the Court
CHATFIELD, District Judge.
The purpose of choosing this district was to obtain security. While concurrent jurisdiction exists between the districts, this does not give the right to obtain security in the district where personal service could be had. The possibility of levying upon the vessel does not give the right so to do. Hence it is not abuse of process to go into an adjoining district any more than it would be to go to a more remote district.
Motion denied.
2Cited by2 opinions
- D/SA/S FLINT v. Sabre Shipping CorporationDistrict Court, E.D. New York · 1964
- Cavanaugh v. Starbuck Towing Corp.District Court, E.D. New York · 1919