Compania Ithaca De Vapores, S. A. v. United States

This case is before the court on defendant’s motion for summary judgment.

Plaintiff chartered its ship, the SS. Moldova, to the defendant on the 3d of April 1942, under a time charter. It is alleged that when the defendant redelivered the ship to plaintiff it was not “in like good order and condition” as it had been when plaintiff delivered it to the defendant, and that the cost of putting it in such condition was $60,400.91. For this sum it sues.

Subsequently, plaintiff filed an amended petition, by which it added a paragraph, reading as follows:

Plaintiff made due and timely demand of the…