A. O. Andersen & Co. v. Texas Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. I fit) el in admiralty by A. O. Andersen & Co., Inc., against the Texas Company. From a final decree dismissing the libel, the libelant appeals.
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Appeal from the District Court of the United States for the Southern District of New York. I fit) el in admiralty by A. O. Andersen & Co., Inc., against the Texas Company. From a final decree dismissing the libel, the libelant appeals. The libel was for the alleged broach of a charter party under which the steamship Bimfaxe was chartered by libelant (referred to infra at times as Andersen & Co.) to respondent (referred to infra at times as Texas Oo.) for a voyage with case oil from Port Arthur, Tex., to five West Indian points, one of which was Paramaribo. Libelant was the chartered owner of…
1Opinion of the CourtMayer, Circuit Judge
(after stating the facts as above). At the base of the case is the question whether the paper, dated November 21st, was in fact a charter party, or merely an agreement for a charter party, or neither. Preliminary to that question is the inquiry as to whether the Texas Co. was induced to sign the paper by false representations on the part of libelant.
The contention as to the false representation rests upon the contents of the circular and of the letter dated November 28th. We shall assume for the purposes of this case that the defense which brings up this point is permissible in an action in…
2Cases cited9 opinions
- Farrington v. TennesseeSupreme Court of the United States · 1878
- Orr v. . Doubleday, Page Co.New York Court of Appeals · 1918
- Howe v. Howe & Owen Ball Bearing Co.Court of Appeals for the Eighth Circuit · 1907
- The KalfarliCourt of Appeals for the Second Circuit · 1921
- Keyser v. Blue Star S. S. Co.Court of Appeals for the Fifth Circuit · 1899
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3Cited by5 opinions
- Erickson v. BootheCalifornia Court of Appeal · 1947
- American Merchant Marine Ins. v. LettonCourt of Appeals for the Second Circuit · 1926
- Petroleum Research Corp. v. Barnsdall Refining Corp.Supreme Court of Oklahoma · 1940
- Sinclair Refining Co. v. GutowskiCourt of Appeals for the Sixth Circuit · 1952
- Bloom v. ChristensenWashington Supreme Court · 1943