Associated Metals & Minerals Corporation v. Ss Portoria, Her Engines, Etc., Industriale Maritima S.P.A.

DYER, Circuit Judge:

This appeal raises two questions: (1) whether an in rem judgment was properly entered against the SS PORTO-RIA even though the vessel was not arrested; and (2) whether the vessel owner, Industríale Marítima S.P.A., is subject to an in personam judgment as a carrier because the voyage sub-charterer of the vessel issued a bill of lading subscribed “signed as per authority of the Master.” Because the district court erroneously resolved both these questions in the affirmative in granting judgment against the vessel and against the owner, we reverse.

The PORTORIA, owned by…