Legal Opinion

Reliable Marine Boiler Repair, Inc. v. Frank B. Hall & Co.

District Court, S.D. New York

Decided April 19, 1971No. 67-Civ. 1066PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM

CROAKE, District Judge.

This possessory action in admiralty presents an unusual and unfortunate situation. Plaintiff, a marine repairman, obtained and performed a certain repair contract, but has never been paid. This finding serves merely as the introduction to a complex legal dispute.

Besides plaintiff, the parties involved in this action are Frank B. Hall and Company (“Hall”), and the Mastan Company, Inc. (“Mastan”). The action was tried in personam as against Hall, although Hall had not defended, and in rem as against Mastan. However, plaintiff has now asserted, for the first time…

2Cases cited5 opinions

  1. New York Rubber Co. v. RotheryNew York Court of Appeals · 1887
  2. Fleischer v. Paramount Pictures Corp.Court of Appeals for the Second Circuit · 1964
  3. Factoring & Discount 2, Inc. v. Central Mutual InsuranceDistrict Court, S.D. New York · 1954
  4. Prudential Insurance Co. of America v. KingDistrict Court, W.D. Missouri · 1969
  5. Reliable Marine Boiler Repair, Inc. v. Sum of $35,000.00District Court, S.D. New York · 1967

3Cited by9 opinions

  1. International Telemeter, Corporation v. Hamlin International Corporation and Philip D. HamlinCourt of Appeals for the Ninth Circuit · 1985
  2. Manufacturer's & Traders Trust Co. v. Reliance InsuranceNew York Court of Appeals · 2007
  3. Caribe Carriers, Ltd. v. C.E. Heath & Co.District Court, S.D. New York · 1992
  4. Mobil Oil Corp. v. United States Department of EnergyDistrict Court, D. Kansas · 1989
  5. Devex Corp. v. General Motors Corp.District Court, D. Delaware · 1986

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