The Sudbury

Good Law
33 F.2d 293·1929 A.M.C. 520·1929 U.S. Dist. LEXIS 1294
United States District Court, Northern District of CaliforniaMarch 15, 1929No. 18849California413 words

Opinion

Lead Opinion

Kerrigan, J.

This ease is before me on exceptions to the libel. The first two exceptions taken are the only ones which need be discussed. They state:

“First: The said alleged causes of action in rem against the steamship Sudbury axe based upon an average statement or adjustment prepared by the owners of the steamship Sudbury alleged (in paragraph X) to be erroneous, improper, incorrect and insufficient, and upon a claim for damages consequent thereupon; but libelants have no maritime lien upon the said steamship for said alleged causes of action.

“Second: The libel is insufficient and uncertain in that it does not appear how much, if any, of the respective amounts alleged (in paragraph IX) to be due to the respective libelants is due and owing to libelants from said steamship Sudbury.”

Libelants plead the occurring of a general average loss, the' making of an adjustment by the owners, and the estimated value of vessel and cargo. They set forth various errors in the adjustment (which resulted in reducing their apparent share), and claim the amount estimated to be properly due under a correct general average adjustment.

Respondent urges that this libel is not within the maritime jurisdiction…

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