Legal Opinion
Alcoa Steamship Co. v. United States
District Court, S.D. New York
Decided December 5, 1950No. Adm. 164-154PublishedCited by 14 opinions
1Opinion of the Court
COXE, District Judge.
This is an exception to the libel on the ground that the court lacks jurisdiction because of the failure to institute the suit within two years after the cause of action arose, as required by the Suits in Admiralty Act, 46 U.S.C.A. § 745.
The suit is for damages alleged to have been sustained as a result of the delivery to the libelant by the respondent, under a demise charter, of the S/S “Stephen W. Gambrill”, in which there were latent defects in the propeller shaft of the vessel. The vessel was delivered to the libelant under the charter on September 26, 1946, and the…
2Cases cited5 opinions
- Osbourne v. United StatesCourt of Appeals for the Second Circuit · 1947
- United States Shipping Bd. Emergency Fleet Corporation v. Rosenberg Brothers & Co.Supreme Court of the United States · 1928
- Sgambati v. United StatesCourt of Appeals for the Second Circuit · 1949
- Corp. of Royal Exchange Assurance v. United StatesCourt of Appeals for the Second Circuit · 1935
- Mente & Co. v. Isthmian S. S. Co.District Court, S.D. New York · 1940
3Cited by14 opinions
- American-Foreign Steamship Corp. v. United StatesCourt of Appeals for the Second Circuit · 1958
- Margarine Verkaufsunion v. M.T. G.C. BrovigDistrict Court, S.D. New York · 1970
- Hartford Accident & Indemnity Co. v. United StatesDistrict Court, S.D. New York · 1955
- In the Matter of the Vessel Marine Sulphur Queen. Marine Sulphur Transport Corporation, as Owner, and Marine Transport Lines, Inc., as Demise Charterer, Bethlehem Steel Corporation, Impleaded United States Fire Insurance Co., Cargo Claimant-Appellee and Ida Ruth Heard, Death Claimants-Appellees AndCourt of Appeals for the Second Circuit · 1972
- Levine v. United StatesDistrict Court, S.D. New York · 1953
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