Legal Opinion
A. A. Schade, Doing Business as Schade & Company, Libelant-Appellant v. National Surety Corporation and Continental Insurance Company
Court of Appeals for the Second Circuit
Decided April 4, 1961No. 26482_1PublishedCited by 2 opinions
1Opinion of the Court
HINCKS, Circuit Judge.
This is a suit in admiralty by a general average adjuster against the cargo underwriters to recover the amount charged to cargo as its contribution to general average. The M/Y Manabi left Tampa, Florida on April 23, 1953, with a cargo of cigarettes destined for Ecuador. The next day, water entered the ship through a hole in the hull on the forward starboard side five feet below water line. The Manabi was intentionally grounded, and was a constructive total loss. Cargo, however, was salvaged.
A clause in the bill of lading provided:
“If the shipowner shall have exercised…
2Cases cited7 opinions
- May v. Hamburg-Amerikanische Packetfahrt AktiengesellschaftSupreme Court of the United States · 1933
- Globe & Rutgers Fire Ins. Co. v. United StatesCourt of Appeals for the Second Circuit · 1939
- The West ArrowCourt of Appeals for the Second Circuit · 1936
- Artemis Maritime Co., Inc. v. Southwestern Sugar & Molasses Co., Inc. The DemosthenesCourt of Appeals for the Fourth Circuit · 1951
- Huilever, S. A. Division Huileries Du Congo Belge v. The OthoCourt of Appeals for the Second Circuit · 1944
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Argyll Shipping Co. v. Hanover Insurance CompanyDistrict Court, S.D. New York · 1968
- Todd Shipyards Corporation v. United StatesDistrict Court, S.D. New York · 1975