Legal Opinion
American Eastern Corporation v. United States
District Court, S.D. New York
Decided June 10, 1955PublishedCited by 21 opinions
1Opinion of the Court
WALSH, District Judge.
Libelant here seeks to recover from respondent alleged overpayments made pursuant to its charter of two government-owned vessels. Respondent excepts to the libel as barred by the statute of limitations. The exception is sustained.
The suit being under the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., there is no dispute as to the period of the statute. It is two years. 46 U.S.C.A. § 745. The question is when the cause of action arose, when the libelant could first have maintained an action and been granted complete relief.
The controversy concerns “additional charter…
2Cases cited9 opinions
- Bellingham Securities Syndicate, Inc. v. Bellingham Coal Mines, Inc.Washington Supreme Court · 1942
- SPRING AND OTHERS v. the Executors of GraySupreme Court of the United States · 1832
- John P. Moriarty, Inc. v. United StatesUnited States Court of Claims · 1942
- United States v. SlighCourt of Appeals for the Ninth Circuit · 1928
- Withers v. United StatesUnited States Court of Claims · 1930
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sword Line, Inc., Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1956
- American-Foreign Steamship Corp. v. United StatesCourt of Appeals for the Second Circuit · 1961
- American-Foreign Steamship Corp. v. United StatesCourt of Appeals for the Second Circuit · 1958
- American Mail Line, Ltd. v. United StatesDistrict Court, W.D. Washington · 1962
- A. H. Bull Steamship Co. v. United StatesDistrict Court, S.D. New York · 1956
16 more not listed; retrieve them via the Exa API.