The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 63
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THE LEXINGTON 63
Adolph M. Schwarz, of New York City, and Stanley A. Dearborn,
of Boston, Mass., for creditor.
Reuben Hall, of Boston, Mass., for bankrupt.
MORTON, District Judge. Inasmuch as the bankrupt failed to
obtain his discharge on his previous voluntary petition, the debts
scheduled in that proceeding will not be affected by any discharge
granted in this proceeding, if the creditors interested appear and as-
sert their rights. Under such circumstances, the discharge would
be restricted to debts incurred since the filing of the former petition
and would expressly exclude debts scheduled in or covered by the
former petition. ' As to such debts the pendency of the present peti-
tion affords no reason for any stay of action in the state courts, and,
if pleaded for that purpose, the plea could be met, I should suppose,
by a replication setting up the complete facts.
As the bankrupt may be entitled to a discharge from sonime of the
debts now scheduled, he ought not to be prevented from applying
for one; and the present petition must therefore be denied.
(District Court, S. D. New York. December 31, 1917)
CoLLISION =75--MEETING STEAM AND SAILING VESSEL-FAILURE TO SInow
A collision in Long Island Sound on a clear night between a paw.aCnger
steamer, with a lookout posted and officers on duty and a meeting sehoon-
er, held due solely to the fact that the schooner was not showing her port
In Admiralty. Suit for collision by Judson L. Hamilton, master of
the schooner Stetson, against the steamer Lexington. Decree for re-
Affirmed 256 Fed. 65, - C. C. A. -.
Alexander & Ash, of New York City (Peter Alexander, of New
York City, of counsel), for libelant.
Burlingham, Montgomery & Beecher, of New York City (Chauncey
I. Clark, of New York City, of counsel), for claimant.
AUGUSTUS N. HAND, District Judge. The steamer Lexington
collided with the three-masted schooner Stetson m Long Island Sound.
The Lexington seeks to excuse the collision upon the ground that the
Stetson had no port light and maintained a negligent lookout. The
accident occurred at night in clear weather. The hbelant says the
lights of the Stetson were set and brightly burning at the time of the
collision, but that the impact of the Lexington extinguished the port
light and shook down the starboard light.
A general consideration which has impressed me is the inherent un-
likelihood of such a collision if the port light had been burning. The
:::For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/77/: accessed February 19, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.