[Download] "Curtis Bay Towing Co. v. Tug Kevin Moran Inc." by Second Circuit Circuit Court Of Appeals # Book PDF Kindle ePub Free

eBook details

Title: Curtis Bay Towing Co. v. Tug Kevin Moran Inc.
Author : Second Circuit Circuit Court Of Appeals
Release Date : January 09, 1947
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

This is an appeal from an order (entered in a proceeding to limit a shipowners liability), which denied the motion of a claimant in that proceeding to vacate an injunction against suing the petitioners in Pennsylvania, and to dismiss the proceeding. Two questions arise: (1) Whether the appeal lies; (2) whether the injunction was proper. The facts are as follows. The petition alleged that one petitioner was the owner, and the other was the charterer, of the tug, "Margot Moran," which on January 11, 1945, had two barges in tow in the Delaware River. One of these, the "Sheridan," came into collison with the barge, "Electric No. 21," then in tow of another tug, the "Hercules"; and the collision injured not only the "Sheridan" and the "Electric No. 21," but the other barge in tow of the "Margot Moran" - the "Gossan." The owner of the "Electric No. 21" had sued the owners of the "Hercules" in the Eastern District of Pennsylvania, and the owners of the "Hercules" brought in the petitioners. The ad damnum in that suit was $10,000. The petitioners had been informed that the owners of the "Sheridan" proposed to make some claim against them; and a claim for $2500 had already been made by the owner of the "Gossan." The petition concluded that the "petitioners believe that as a result of the aforesaid collision other claims may be made and various suits * * * will be instituted * * * The amount of such claims is at present unknown to petitioners, but petitioners believe it may exceed the value of * * * tug Margot Moran and her pending freight," the total of which was $209,000. The petition was filed on July 10, 1945; on the same day the petitioners filed a stipulation for $209,000, and the court entered two orders: One of these referred the proceeding to a special commissioner; the other fixed October 23, 1945, as the limit for filing claims, ordered a monition to be published, and enjoined all suits against the petitioners. Thereafter four claims were filed, all before October 23, 1945. Walling, owner of the "Electric No. 21," filed a claim for $10,000; Sheridan, owner of the "Sheridan," filed a claim for $4500; Hughes, owner of the "Gossan," filed a claim for $2500; the Curtis Company, owner of the "Hercules," filed a contingent claim for $15,000, against the possibility that it might be liable to the other claimants. (This fourth claim should be understood as being for $17,000, instead of $15,000.) On November 9, 1945, the time for filing claims having expired, the Curtis Company renewed a motion, already once denied, to dismiss the petition and dissolve the injunction, on the ground that no other claimants had appeared, or been heard of by any of the parties concerned in the collision. The judge denied this motion and the Curitis Company appealed.