Gans S. S. Line v. Wilhelmsen
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Libel by the Gans Steamship Line against Wilhelm Wilhelmsen and another, as owners of the steamship Themis, and the Nova Scotia Steel '& Coal Company, Limited, and Barber & Co., Inc., impleaded. Decree for libelant (The Themis, 244 Ted. 545), and respondents appeal. Suit is by Gans Line for breach of a charter party made to it, for Steamship Themis, and by Wilhelmsen as owner.
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Appeal from the District Court of the United States for the Southern District of New York. Libel by the Gans Steamship Line against Wilhelm Wilhelmsen and another, as owners of the steamship Themis, and the Nova Scotia Steel '& Coal Company, Limited, and Barber & Co., Inc., impleaded. Decree for libelant (The Themis, 244 Ted. 545), and respondents appeal. Suit is by Gans Line for breach of a charter party made to it, for Steamship Themis, and by Wilhelmsen as owner. It is now admitted that title to Themis was and is in the respondent corporation (Aktieselskabet), which Wilhelmsen had formed.…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). The singularity of the facts, and wide range of arguments at bar, has seemed to justify the foregoing amplified statement of things proven, which is, however, merely an extension, not a varying, of the fact findings in the careful opinion of Learned Hand, J., in the court below.
[1] For what reason, if any, the owner of Themis is stated as Wilhelmsen in the Gans charter, and as the Aktieselskabet in that of Nova Scotia, docs not appear. It is now admitted that the corporation was the owner in point of fact. On this Barber & Co. base the argument that since…
2Cases cited4 opinions
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Clyde Commercial S. S. Co. v. West India S. S. Co.Court of Appeals for the Second Circuit · 1909
- Schoonmaker-Conners Co. v. Lambert Transp. Co.Court of Appeals for the Second Circuit · 1920
- Allen v. . the Mercantile Mutual Ins. Co.New York Court of Appeals · 1871
3Cited by34 opinions
- Asoma Corp. v. SK Shipping Co.Court of Appeals for the Second Circuit · 2006
- Ozanic v. United StatesCourt of Appeals for the Second Circuit · 1948
- Pacific Employers Insurance Company v. The M/v Gloria, Etc., Aquarius, Ltd., Defendants-Third Party v. Greenwich Marine, Inc., Third PartyCourt of Appeals for the Third Circuit · 1985
- The PoznanDistrict Court, S.D. New York · 1921
- Eac Timberlane, Etc. v. Pisces, Ltd.Court of Appeals for the First Circuit · 1984
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