Thor v. Tropical Fruit Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Uibel in admiralty by the Dampskibs Aktieselskabet Thor against tire Tropical Fruit Company, in which the Atlantic Fruit Company was brought in as a party defendant. From the judgment rendered, the defendant Tropical Fruit Company appeals.
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Appeal from the District Court of the United States for the Southern District of New York. Uibel in admiralty by the Dampskibs Aktieselskabet Thor against tire Tropical Fruit Company, in which the Atlantic Fruit Company was brought in as a party defendant. From the judgment rendered, the defendant Tropical Fruit Company appeals. Libelant sues as owner of the Norwegian steamer Catherine Cuneo, and upon a charter party for that steamer, executed during December, 1914, at New York City. By this charter party respondent Tropical Fruit Company took the vessel for “about three years,” dating from…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] The pleadings herein are singular, in that, after Atlantic Company had been impleaded under the former fifty-ninth rule (29 Sup. Ct. xlvi), an amended libel was filed against both that company and Tropical Company as respondents; such amendment quite changing the theory of recovery. It is not necessary to pick and choose between the various schemes of law presented by the pleadings. It is sufficient to apply the doctrine of The Volunteer, 149 Fed. 723, 79 C. C. A. 429, viz. that it is the practice in admiralty to bring all parties before the court, and…
2Cases cited6 opinions
- The BanesCourt of Appeals for the Second Circuit · 1915
- Schoonmaker-Conners Co. v. Lambert Transp. Co.Court of Appeals for the Second Circuit · 1920
- The VolunteerCourt of Appeals for the Second Circuit · 1906
- Munson S. S. Line v. Elswick Steam Shipping Co.District Court, S.D. New York · 1913
- Munson S.S. Line v. Elswick Steam Shipping Co.Court of Appeals for the Second Circuit · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Empire Seafoods, Inc. v. AndersonCourt of Appeals for the Fifth Circuit · 1968
- Morse Dry Dock & Repair Co. v. Susquehanna S. S. Co.Court of Appeals for the Second Circuit · 1923
- Dreyfus v. Marine Transit Corp.Court of Appeals for the Second Circuit · 1931
- Venezuelan Meat Export Co. v. United StatesDistrict Court, D. Maryland · 1935
- Westinghouse Electric & Manufacturing Co. v. MacGregorSupreme Court of Pennsylvania · 1944
5 more not listed; retrieve them via the Exa API.