Legal Opinion
Schilling v. Canadian Foreign Steamship Company
District Court, S.D. New York
Decided January 11, 1961PublishedCited by 15 opinions
1Opinion of the Court
DIMOCK, District Judge.
Respondent Isbrandtsen Company, Inc., moves pursuant to section 3 of the United States Arbitration Act, 9 U.S.C. § 3, to stay all proceedings herein until arbitration is had.
The question presented is whether a trustee in reorganization who seeks to recover on a contract made with his debtor prior to the beginning of the reorganization proceeding may be compelled to proceed to arbitration in accordance with a provision in the contract. The arbitration clause is included in an agreement subehartering a vessel. The debtor, as time charterer owner of the vessel,…
2Cases cited2 opinions
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Modern Brokerage Corp. v. MASSACHUSETTS BOND. & INS. CO.District Court, S.D. New York · 1944
3Cited by15 opinions
- Fed. Sec. L. Rep. P 95,856 Winthrop J. Allegaert, as Trustee of Dupont Walston Incorporated v. H. Ross Perot, and Douglas E. DetataCourt of Appeals for the Second Circuit · 1977
- In the Matter or Lowell S. Fallick, Bankrupt-Appellant v. Harry KehrCourt of Appeals for the Second Circuit · 1966
- Truck Drivers Local Union No. 807 v. Bohack Corp.Court of Appeals for the Second Circuit · 1976
- Bender Shipbuilding & Repair Co. v. Morgan (In Re Morgan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- Bohack Corp. v. Truck Drivers Local Union No. 807, International Brotherhood of TeamstersDistrict Court, E.D. New York · 1977
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