Legal Opinion
Cleary Brothers, Inc. v. Luria Steel & Trading Corp.
District Court, S.D. New York
Decided November 25, 1960PublishedCited by 4 opinions
1Opinion of the Court
DIMOCK, District Judge.
Respondent excepts to the libel and seeks its dismissal on two grounds: (1) that it appears on the face of the libel that libelant is guilty of laches; and (2) that the libel lacks the necessary allegation of negligence.
This suit was commenced more than four years after the alleged claim arose to recover for damage which libelant asserts was sustained by its scow while the scow was under demise charter to respondent. The libel alleges that the scow was delivered to respondent in good condition on April 20, 1956, and was returned in damaged condition on May 21, 1956, the…
2Cases cited12 opinions
- Blessington v. McCrory Stores Corp.New York Court of Appeals · 1953
- Andrew Oroz v. American President Lines, Ltd.Court of Appeals for the Second Circuit · 1958
- Alpine Forwarding Co. v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
- Redman v. United StatesCourt of Appeals for the Second Circuit · 1949
- John F. Le Gate, Libelant-Appellant v. The Panamolga, Her Engines, Boilers, Etc., and Compania Naviera Dalmatica, S.A., and Dalmore Corp.Court of Appeals for the Second Circuit · 1955
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Muller v. LYKES BROS. STEAMSHIP COMPANYDistrict Court, E.D. Louisiana · 1972
- Argyll Shipping Co. v. Hanover Insurance CompanyDistrict Court, S.D. New York · 1968
- West African Steamship Co. v. McAllister Bros.District Court, S.D. New York · 1968
- Hartford Fire Insurance v. Callanan Marine Corp.District Court, S.D. New York · 1973