Legal Opinion

American Potato Corp. v. Boca Grande S. S. Co.

District Court, E.D. Pennsylvania

Decided June 28, 1916PublishedCited by 9 opinions

In Admiralty. Poreign attachment by the American Potato Corporation against the Boca Grande Steamship Company. On motion to quash writ.

1Opinion of the Court

McPHERSON, Circuit Judge.

This is a motion to set aside the seizure of the coasting steamer New Orleans under a writ of foreign-attachment. The vessel belongs to the Boca Grande Steamship Company, and was seized in the port of Philadelphia in a suit in personam brought for the breach of an executory contract to carry several cargoes of potatoes. The libelant was obliged to ship the potatoes by rail, and sues to recover damages for the steamer’s failure to carry. The merits of the dispute are not involved; the only point to be considered is, whether under the facts in evidence a writ of foreign…

2Cases cited2 opinions

  1. In Re the Louisville UnderwritersSupreme Court of the United States · 1890
  2. Atkins v. Disintegrating Co.Supreme Court of the United States · 1874

3Cited by9 opinions

  1. Seawind Compania, S. A. v. Crescent Line, Inc.Court of Appeals for the Second Circuit · 1963
  2. Chilean Line Inc., Libelant-Appellant v. United States of America, and Main Ship Repair Corp.Court of Appeals for the Second Circuit · 1965
  3. Seawind Compania, S.A. v. Crescent Line, Inc.Court of Appeals for the Second Circuit · 1963
  4. Federazione Italiana Dei Consorzi Agrari v. Mandask Compania De Vapores, S.A.District Court, S.D. New York · 1957
  5. Oregon v. Tug Go GetterCourt of Appeals for the Ninth Circuit · 1968

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