The Sydney - 139 U.S. 331 (1891)


U.S. Supreme Court

The Sydney, 139 U.S. 331 (1891)

The Sydney, 139 U.S. 331 (1891)

No. 224

Argued March 17-18, 1891

Decided March 30, 1891

139 U.S. 331

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

On a libel in rem, against two canal boats, brought by two insurance companies, alleging that they had insured a cargo of wheat on board of one of the boats, which was lost through the carelessness of those in charge of the two boats, and that they had paid $9,211.75 to the insured, who owned the wheat, as its value, and received an abandonment of the cargo, and were subrogated to the rights of the insured, the district court dismissed the libel, and on appeal the circuit court reversed the decree and awarded to the libellants a decree for $8,252.47, condemning both of the boats therefor. In the district court, one of the boats was sold for $2,100 and the proceeds were paid into court, and a stipulation for value as to the other boat, in $1,000, was given by consent. The claimant, who owned both of the boats at the time of the loss, appealed to this Court. Held that this Court had no jurisdiction of the appeal,

Page 139 U. S. 332

because all that was involved was the $2,100 and $1,000, and the aggregate of those sums did not exceed $5,000, and there was no decree in personam against the claimant.

The cases of Elgin v. Marshall, 106 U. S. 578, and The Jessie Williamson, Jr., 106 U. S. 305, cited and applied.



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