Legal Opinion

Spreckles Sugar Co. v. South Atlantic S. S. Line

District Court, S.D. Georgia

Decided March 31, 1943No. 483PublishedCited by 1 opinion

1Opinion of the Court

LOVETT, District Judge.

Shipper sues for cargo damage, alleging simply receipt by the ship in good order and delivery in bad. Respondent answered and the pleadings were closed. Later, invoking Admiralty Rule 32B, 28 U.S.C.A. following section 723, respondent obtained an admission as to the genuineness of a bill of lading exhibited under which the shipment moved. Urging that this admission operates to re-open the pleadings a peremptory exception to the libel is now filed by respondent, and it is said the facts alleged, aided by the admission, are insufficient to constitute a cause of action,,…

2Cases cited20 opinions

  1. Commercial Molasses Corp. v. New York Tank Barge Corp.Supreme Court of the United States · 1941
  2. Schnell v. the VallescuraSupreme Court of the United States · 1934
  3. Clark v. BarnwellSupreme Court of the United States · 1852
  4. The FolminaSupreme Court of the United States · 1909
  5. The WildcroftSupreme Court of the United States · 1906

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3Cited by1 opinion

  1. Sea Trade Corp. v. Bethlehem Steel Co., Shipbuilding DivisionDistrict Court, S.D. New York · 1961

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