New York Dock Co. v. Steamship Poznan, 274 U.S. 117 (1927)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
New York Dock Co. v. Steamship Poznan, 274 U.S. 117 (1927)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 274 U.S. 112, click here.
New York Dock Co. v. Steamship Poznan No. 229 Argued March 15, 1927 Decided April 11, 1927 274 U.S. 117
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Wharfage service rendered to an arrested ship with the approval or permission of the admiralty court and inuring to the benefit of the fund arising from her sale is entitled to preference, in the distribution of the fund, over the claims of libeling cargo owners. P. 120.
2. Such preference is not based on a lien, but is an incident of the equitable administration of the fund. P. 120.
3. A finding of a special commissioner, confirmed by the district court, as to the reasonable value of wharfage should not be disturbed here when based on a fair trial and sustained by evidence. P. 123.
4. Objections respecting the amount so found, not raised or considered below, will be examined here only so far as necessary to make certain that no palpable error was committed. P. 123.
9 F.2d 838 reversed.
297 F. 345 affirmed.
Certiorari (269 U.S. 547) to a decree of the circuit court of appeals which reversed a decree of the district court, in admiralty, allowing preferential payment of wharfage out of a fund arising from the sale of a vessel.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," New York Dock Co. v. Steamship Poznan, 274 U.S. 117 (1927) in 274 U.S. 117 274 U.S. 118. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=Y7TQABTHZHM69I6.
MLA: U.S. Supreme Court. "Syllabus." New York Dock Co. v. Steamship Poznan, 274 U.S. 117 (1927), in 274 U.S. 117, page 274 U.S. 118. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=Y7TQABTHZHM69I6.
Harvard: U.S. Supreme Court, 'Syllabus' in New York Dock Co. v. Steamship Poznan, 274 U.S. 117 (1927). cited in 1927, 274 U.S. 117, pp.274 U.S. 118. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=Y7TQABTHZHM69I6.
|