Atlantic Fruit Co. v. Red Cross Line
Court of Appeals for the Second Circuit
Libel herein was filed June 4, 1920. It is a very simple claim for nonpayment of charter hire and expenses. Answer was filed in the following November and three defenses set up: (1) Denial of certain material allegations of the libel.
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Libel herein was filed June 4, 1920. It is a very simple claim for nonpayment of charter hire and expenses. Answer was filed in the following November and three defenses set up: (1) Denial of certain material allegations of the libel. (2) The fact that the charter party sued on contained the common agreement that: “Should any dispute arise between owners and charterers, the matters in dispute shall be referred to three persons in New York, one to be appointed by each of the parties herein and the third by the two so chosen; their decision or that of any two of them shall be final, and for the…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). That we may take cognizance without plea or proof of the judicial opinions of any state in the Union is undoubted (Vagaszki v. Consolidation Coal Co., 225 F. 913, 141 C. C. A. 37), and a fortiori is this true of the opinions of United States courts. How far this notice of opinions permits the investigation of the record that produced the opinion is a subject not free from doubt. Eyster v. Gaff, 91 U. S. 521, 23 L. Ed. 403; Re Manderson, 51 F. 501, 2 C. C. A. 490. We think it clear, however, that it is permissible to examine the record resulting in an…
2Cases cited15 opinions
- The LottawannaSupreme Court of the United States · 1875
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- Home Ins. Co. v. MorseSupreme Court of the United States · 1874
- Eyster v. GaffSupreme Court of the United States · 1876
- Matter of Berkovitz v. . Arbib HoulbergNew York Court of Appeals · 1921
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
- Martin Glass v. Kidder Peabody & Co., Inc., a Delaware Corporation, and Daniel J. Mulhaul William F. BranstonCourt of Appeals for the Fourth Circuit · 1997
- Murray Oil Products Co. v. Mitsui & Co.Court of Appeals for the Second Circuit · 1944
- Sverdrup Corporation v. Whc Constructors, Incorporated, and Century Iii, IncorporatedCourt of Appeals for the Fourth Circuit · 1993
15 more not listed; retrieve them via the Exa API.