Legal Opinion
Compania Anonima Venezolana De Navegacion (Venezuelan Line) v. A. J. Perez Export Company, Etc., and Tyler Refrigeration Corporation
Court of Appeals for the Fifth Circuit
Decided July 17, 1962No. 19117PublishedCited by 124 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
While the case ostensibly presents the question whether a common carrier by water may ever estop itself by inequitable conduct from exacting the full measure of the shipper’s obligation to pay tariff charges, the true nature shows it to be something quite different. What it really is, is a contest of equities, not between the carrier and a shipper, but between a subrogee of a carrier and that shipper. Without quite putting the case in these terms, the trial Court in two consolidated admiralty libels held in favor of the Shipper. Doing so, the Court denied recovery…
2Cases cited22 opinions
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
- United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
- Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.Supreme Court of the United States · 1950
- City of Chicago v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1958
- Czaplicki v. the Hoegh SilvercloudSupreme Court of the United States · 1956
17 more not listed; retrieve them via the Exa API.
3Cited by124 opinions
- Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, Defendant-Third Party v. Marine Mart, Inc., Third PartyCourt of Appeals for the Third Circuit · 1970
- Veronica Lewis, Individually Etc., Naomi Barry Pottinger, Individually, Etc., Vincent Lewis, Daisy Llewellyn, and Margaret Clark, Individually, Etc. v. S. S. Baune, in the Matter of Skibs A/s Baumare and Torvald Klaveness, as Owner Andmanaging Owner of the S/s Baune, Petitioning for Exoneration From or Limitationof Liability v. Phyllis Hoyt, Claimants-AppelleesCourt of Appeals for the Fifth Circuit · 1976
- Grigsby v. Coastal Marine Service of Texas, Inc.Court of Appeals for the Fifth Circuit · 1969
- Brown & Root, Inc. v. M/v Peisander, Etc.Court of Appeals for the Fifth Circuit · 1981
- Universal Title Insurance Company, a Minnesota Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1991
119 more not listed; retrieve them via the Exa API.