From Casetext: Smarter Legal Research

Turner Blanchard, Inc. v. S.S. Emilia

United States Court of Appeals, Second Circuit
Jun 28, 1963
322 F.2d 249 (2d Cir. 1963)

Summary

holding that "`service rendered to the ship, in the aid of cargo, necessarily inured to their [lienors] benefit'" and were properly considered custodia legis expenses (alteration in original)

Summary of this case from Assoc. Metals Minerals v. Alexander's Unity

Opinion

No. 411, Docket 28293.

Argued June 20, 1963.

Decided June 28, 1963.

Howard Schulman, New York City (Arthur Abarbanel, New York City, of counsel), for appellants Lydon Webber, et al.

David I. Gilchrist, New York City, for appellant Maritime Food Corporation.

Foley Grainger, New York City (Walter A. Darby, Jr., Robert P. Whelan, New York City, of counsel), for appellant Merritt-Chapman Scott Corporation.

Julius L. Goldstein, New York City, for appellee Turner Blanchard, Inc.

Kirlin, Campbell Keating, New York City (Clement C. Rinehart, New York City, of counsel), for appellee Caltex (India) Ltd.

Dunn Zuckerman, New York City (James F. Dunn, New York City, of counsel), for appellee Republic of Pakistan.

Louis E. Greco, Attorney in Charge, Admiralty and Shipping Section, Department of Justice, New York, N.Y. (Joseph P. Hoey, U.S. Atty. for the Eastern District of New York, Brooklyn, N.Y., of counsel), for appellee United States of America.

Before MOORE, HAYS and MARSHALL, Circuit Judges.


Order of May 21, 1963, insofar as appealed, affirmed. "Service rendered to the ship after arrest, in aid of the discharge of cargo, and afterward pending the sale, necessarily inured to their [lienors] benefit, for it contributed to the creation of the fund now available to them." The district court had jurisdiction "to require that expenses which have contributed either to the preservation or creation of the fund in its custody shall be paid before a general distribution among those entitled to receive it." New York Dock Co. v. The Poznan, 274 U.S. 117, 121, 47 S.Ct. 482, 484, 71 L.Ed. 955 (1927). The district court is requested to proceed with all reasonable and feasible dispatch. Mandate shall issue forthwith.


Summaries of

Turner Blanchard, Inc. v. S.S. Emilia

United States Court of Appeals, Second Circuit
Jun 28, 1963
322 F.2d 249 (2d Cir. 1963)

holding that "`service rendered to the ship, in the aid of cargo, necessarily inured to their [lienors] benefit'" and were properly considered custodia legis expenses (alteration in original)

Summary of this case from Assoc. Metals Minerals v. Alexander's Unity

In Emilia, "the presence of cargo aboard [had] an adverse effect on the sale to the detriment of all parties who have an interest, claim or lien in the vessel."

Summary of this case from Kingstate Oil v. M/V Green Star
Case details for

Turner Blanchard, Inc. v. S.S. Emilia

Case Details

Full title:TURNER BLANCHARD, INC., Libellant, Appellee, v. The S.S. EMILIA and A.H…

Court:United States Court of Appeals, Second Circuit

Date published: Jun 28, 1963

Citations

322 F.2d 249 (2d Cir. 1963)
1963 A.M.C. 1447

Citing Cases

Morgan Guar. Trust Co. v. Hellenic Lines Ltd.

Services or property advanced to preserve and maintain the arrested vessels, furnished upon authority of the…

Kingstate Oil v. M/V Green Star

This rule is now well established. See, e.g., General Elec. Credit Leasing Corp., 668 F.2d at 815-16; The…