Wilhelmsens Dampskibaktiesselskab v. Canadian Venezuelan Ore Co.
Court of Appeals for the Second Circuit
Appeals from the-District Court of the United States for the Southern District of New York. These causes come here upon appeal from decrees of the District Court, Southern District of New York, in favor of- libelants. The questions presented are the same in each -case and it will tend to simplify the matter if the facts in the first case only are discussed in this opinion.
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Appeals from the-District Court of the United States for the Southern District of New York. These causes come here upon appeal from decrees of the District Court, Southern District of New York, in favor of- libelants. The questions presented are the same in each -case and it will tend to simplify the matter if the facts in the first case only are discussed in this opinion. The libelant is hereinafter called the Wilhelmsens Company or the shipowner; the respondent is called the Canadian Company; the garnishee is called the Inter-American Company. '
1Opinion of the Court
LACOMBE, Circuit Judge.
Libelant, owner of the steamship Trafalgar, brought suit in admiralty against the Canadian Company for unpaid charter hire. No one disputes the finding of the District Court that respondent owes libelant over $5,000 for such unpaid charter hire. Process in such suit was issued, with clause of foreign attachment against, respondent’s credits, effects, etc., in the hands of the Inter-American Company. No one disputes the finding that there is due by the latter company to the Canadian Company the sum of $1,-823.25 for unpaid charter hire under a subcharter of the Trafalgar…
2Cases cited4 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Schuler v. IsraelSupreme Court of the United States · 1887
- Stitt v. WardAppellate Division of the Supreme Court of the State of New York · 1911
- Thebideau v. CairnsDistrict Court, D. Maine · 1909
3Cited by5 opinions
- The AdaCourt of Appeals for the Second Circuit · 1918
- Schirmer Stevedoring Co., Ltd. v. Seaboard Stevedoring Corp., Brady Hamilton Stevedore Co., Williams, Dimond & Co., N. J. Goulandris, Ltd., Financiera Peruana, S.A. v. Seaboard Stevedoring Corporation, N. J. Goulandris, Ltd. v. Marine Chartering Co., Inc.Court of Appeals for the Ninth Circuit · 1962
- Schirmer Stevedoring Co. v. Seaboard Stevedoring Corp.Court of Appeals for the Ninth Circuit · 1962
- Western Bulk Carriers (Australia), Pty. Ltd. v. P.S. International, Ltd.District Court, S.D. Ohio · 1991
- American Smelting & Refining Co. v. Naviera Andes Peruana, S.A.District Court, N.D. California · 1962