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: 65
The following text was automatically extracted from the image on this page using optical character recognition software:
ELDER DEMPSTER & CO. V. TALGE MAHOGANY CO.
(Circuit Court of Appeals, Second Circuit. January 15, 1919.)
Appeal from the District Court of the United States for the South-
ern District of New York.
Suit for collision by Judson L. Hamilton, master of the schooner
Stetson, against the steamer Lexington. Decree for respondent, and
libelant appeals. Affirmed.
For opinion below, see 256 Fed. 63.
Alexander & Ash, of New York City (Peter Alexander, of New
York City, of counsel), for appellant.
Burlingham, Veeder, Masten & Fearey, of New York City (Chauncey
I. Clark, of New York City, of counsel), for appellee.
Before WARD, ROGERS, and HOUGH, Circuit Judges.
PER CURIAM. Decree affirmed.
ELDER DEMPSTER & CO., Limited, v. TALGE MAHOGANY CO.
(Circuit Court of Appeals, Fifth Circuit. February 17, 1919.)
1 ADMIRALTY :34-LACHES.
While courts of admiralty are not governed by any statute of limita-
tions, laches or delay in judicial enforcement of maritime claims con-
stitutes a valid defense, where the circumstances are such that it is to
be inferred that defendant was prejudiced thereby, because of it de-
priving him of evidence and the means of effective defense.
2. ADMIRALTY " -84-LACHES.
In absence of excuse or explanation, delay of five years, after explicit
denial of liability because of no disclosure of fault as to claim filed, in
filing libel, counting on faults of vessel for logs intended for cargo going
adrift from alongside ship anchored, some distance from shore, at Axim,
off west coast of Africa, hlwd laches constituting valid defense; the oe-
currence being such that knowledge off it was likely to be confined to
the officers and crew and persons bringing the logs to the ship.
Appeal from the District Court of the United States for the Eastern
District of Louisiana; Rufus E. Foster, Judge.
Libel by the Talge Mahogany Company against Elder Dempster
& Co., Limited. Decree for libelant, and defendant appeals. Revers-
ed, with directions.
Henry P. Dart, Jr., of New Orleans, La. (Henry P. Dart, Benjamin
W. Kernan, and Benjamin W. Dart, all of New Orleans, La., on the
brief), for appellant.
Edwin T. Merrick and Wm. J. Guste, both of New Orleans, La.
(Merrick, Gensler & Schwarz, of New Orleans, La., on the brief), for
Before WALKER and BATTS, Circuit Judges, and GRUBB, Dis-
4=Fot other cases see same topic & KEY-NUMBER In all Key-Numbered Digests & Indexes
Here’s what’s next.
This document can be searched. Note: Results may vary based on the legibility of text within the document.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Legislative Document.
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/m1/79/: accessed June 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.