Laverty v. The Dennis Valentine

Second Circuit

Laverty v. The Dennis Valentine

57 F. 398, 1893 U.S. App. LEXIS 2179

CourtCourt of Appeals for the Second Circuit

DecidedAugust 1, 1893

StatusPublished

This text of 57 F. 398 (Laverty v. The Dennis Valentine) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Laverty v. The Dennis Valentine, 57 F. 398, 1893 U.S. App. LEXIS 2179 (2d Cir. 1893).

Pincite

Opinion

PER CURIAM.

Although the awards may he moderate in amount, we find no such violation of just principles, or clear and palpable mistake, or departure from the path of authority, as would warrant an increase thereof by this court. The libel as originally filed was that of the owners of the steam tug only. It does not even contain the general clause, “for themselves and others interested,” etc. The claimants’ payment into court of $100 for services of the steam tug and $50 accrued costs was, therefore, a tender of the full amount of the claim advanced against them up to the date of such tender, and the decree of the district court correctly awarded against the libelants all costs accruing subsequent thereto, their subsequent litigation having failed to establish their right to recover more than the amount of claimants’ offer. The appeal oñ this branch of the case is frivolous. Decree affirmed, with costs of this court.

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PER CURIAM.

Although the awards may he moderate in amount, we find no such violation of just principles, or clear and palpable mistake, or departure from the path of authority, as would warrant an increase thereof by this court. The libel as originally filed was that of the owners of the steam tug only. It does not even contain the general clause, “for themselves and others interested,” etc. The claimants’ payment into court of $100 for services of the steam tug and $50 accrued costs was, therefore, a tender of the full amount of the claim advanced against them up to the date of such tender, and the decree of the district court correctly awarded against the libelants all costs accruing subsequent thereto, their subsequent litigation having failed to establish their right to recover more than the amount of claimants’ offer. The appeal oñ this branch of the case is frivolous. Decree affirmed, with costs of this court.

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Bluebook (online)

57 F. 398, 1893 U.S. App. LEXIS 2179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laverty-v-the-dennis-valentine-ca2-1893.