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SPRIGGS v. HOFFSTOT

No. 7291.

240 F.2d 76 (1957)

Bertram E. SPRIGGS, Claimant of THE Motor Boat VALJEAN and Respondent and Cross-Libellant, Appellant, v. John G. HOFFSTOT, Jr., Libellant and Cross-Respondent, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 7, 1957.

Attorney(s) appearing for the Case

George W. P. Whip, Baltimore, Md., (Lord, Whip & Coughlan, and Robert E. Coughlan, Jr., Baltimore, Md., on brief), for appellant.

Henry A. Wise, Jr., Wilmington, Del., (Doris P. Scott, Elkton, Md., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.

SOBELOFF, Circuit Judge.

This appeal raises a question as to the proper application of Admiralty Rule 50, 28 U.S.C.A. Stated generally, the rule pertains to the furnishing of security by a libellant, when he or his ship has been made the subject of a cross libel upon a counterclaim.

In the record before us the fact situation is somewhat different from the conventional case of libel and cross-libel. The Valjean, owned and operated by Bertram E. Spriggs, collided...

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