Brendan Chartering Corp. v. Fos Shipping Co.

DOOLING, District Judge.

Plaintiff objects to the taxation of the ship-keeping (and wharfage) charges incurred by the vessel with the Marshal. Defendant paid these to secure the release of the vessel from three attachments of which plaintiff’s was the first and, perhaps, the one that precipitated the other two because it tied the ship up. Defendant suggests that the Marshal’s charges should be pro-rated among the suitors in the proportion of the number of days each suitor had the vessel under seizure. On that basis, plaintiff would have to pay only half.

There is merit in the suggestion. The…