THE THOMAS P. BEAL

No. 3406.

11 F.2d 49 (1926)

THE THOMAS P. BEAL. S. L. JONES & CO. v. BENNETT et al.

Circuit Court of Appeals, Third Circuit.

February 19, 1926.


Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for appellant.

Duncan & Mount, of New York City (Joseph K. Inness and Russell T. Mount, both of New York City, of counsel), for appellee Bennett.

Haight, Smith, Griffin & Deming, of New York City (Clarence Bishop Smith, of New York City, of counsel), for appellee Houlder Weir & Boyd, Inc.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


WOOLLEY, Circuit Judge.

S. L. Jones & Company, the shipper, first libelled the steamship Thomas P. Beal for damage to cargo. It then filed a libel against Houlder, Weir & Boyd, Inc., the time charterer of the ship on the voyage in question. The first action was in rem; the second in personam.

The shipper and charterer stipulated, as between themselves, that liability, should any be proved, was that of the charterer...

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