Legal Opinion

Isthmian Steamship Co. v. United States

United States Court of Claims

Decided April 5, 1955No. 283-54PublishedCited by 7 opinions

1Opinion of the CourtWhitaker, Judge

Plaintiff’s suit is for freight money for the carriage of cargo by a merchant vessel. As such it is a maritime claim, of which the admiralty courts have exclusive jurisdiction. But plaintiff says that since the defendant admits it owes the money, the suit is transformed from a maritime claim into a common law one as for money had and received by defendant for plaintiff’s use, or on an account stated.

It cannot be an action on an account stated, because only one item of the account has been stated; the other items are in dispute; nor has there been a promise to pay, which is an essential…

2Cases cited11 opinions

  1. Johnson v. United States Shipping Bd. Emergency Fleet CorporationSupreme Court of the United States · 1930
  2. Gray v. Freights of the KateDistrict Court, S.D. New York · 1894
  3. Leisenring v. United StatesUnited States Court of Claims · 1933
  4. The Hattie ThomasCourt of Appeals for the Second Circuit · 1920
  5. Bank of British North America v. FreightsCourt of Appeals for the Second Circuit · 1905

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. United States v. Isthmian Steamship Co.Supreme Court of the United States · 1959
  2. United States v. Mississippi Valley Barge Line Company, Mississippi Valley Barge Line Company v. United States Fo AmericaCourt of Appeals for the Eighth Circuit · 1960
  3. Isthmian Steamship Co. v. United StatesDistrict Court, S.D. New York · 1956
  4. Isthmian Steamship Co. v. United StatesDistrict Court, S.D. New York · 1955
  5. Isthmian Steamship Co. v. United StatesDistrict Court, S.D. New York · 1961

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