The A. R. Gray

U.S. Circuit Court for the District of Eastern New York

The A. R. Gray

12 F. 206, 1882 U.S. App. LEXIS 2495

CourtU.S. Circuit Court for the District of Eastern New York

DecidedMay 27, 1882

StatusPublished

This text of 12 F. 206 (The A. R. Gray) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Eastern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

The A. R. Gray, 12 F. 206, 1882 U.S. App. LEXIS 2495 (circtedny 1882).

Pincite

Opinion

Benedict, D. J.

I entertain no doubt that the claim of $1,000, now made for damage to the libellant’s boat by the collision referred to in the libel, is in great part, if not wholly, fictitious. The split in the stem which the libellant asserts was caused by the collision, but which many witnesses declare to be a “season check,” may have been caused by the collision referred to; but, if such be the fact, it does not follow that any appreciable damage to the boat resulted therefrom. There is a great weight of evidence to the effect that the boat was not injured. I am entirely clear in the conviction that [207]*207there is no foundation for any such claim as the libellant has sought to establish.

The proper course, under such circumstances, is to dismiss the libel and condemn the libellant in costs.

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Benedict, D. J.

I entertain no doubt that the claim of $1,000, now made for damage to the libellant’s boat by the collision referred to in the libel, is in great part, if not wholly, fictitious. The split in the stem which the libellant asserts was caused by the collision, but which many witnesses declare to be a “season check,” may have been caused by the collision referred to; but, if such be the fact, it does not follow that any appreciable damage to the boat resulted therefrom. There is a great weight of evidence to the effect that the boat was not injured. I am entirely clear in the conviction that [207]*207there is no foundation for any such claim as the libellant has sought to establish.

The proper course, under such circumstances, is to dismiss the libel and condemn the libellant in costs.

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Bluebook (online)

12 F. 206, 1882 U.S. App. LEXIS 2495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-a-r-gray-circtedny-1882.