Legal Opinion
Aurora Maritime Co. And Medmar, Inc. v. Abdullah Mohamed Fahem & Co., the Hongkong & Shanghai Banking Corporation Limited, Garnishee-Appellant
Court of Appeals for the Second Circuit
Decided May 20, 1996No. 1102, Docket 95-7820PublishedCited by 26 opinions
1Opinion of the Court
WINTER, Circuit Judge:
The Hongkong and Shanghai Banking Corporation Limited (“HSBC”) appeals from Judge Sotomayor’s denial of HSBC’s motion to vacate various Supplemental Admiralty Rule B attachments of Abdullah Mohamed Fahem & Co.’s (“Fahem”) account with HSBC in favor of a state law set-off right created by New York Debtor and Creditor Law Section 151. We hold that Section 151 is preempted by Rule B and affirm.
The facts relevant to this appeal may be simply stated. Aurora Maritime Company and Medmar, Inc. entered into an agreement with Fahem to transport grain from United States ports to…
2Cases cited15 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- American Dredging Co. v. MillerSupreme Court of the United States · 1994
- Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A.Supreme Court of the United States · 1950
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- Madruga v. Superior Court of Cal., County of San DiegoSupreme Court of the United States · 1954
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3Cited by26 opinions
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- Dluhos v. Floating & Abandoned Vessel, Known as "New York"Court of Appeals for the Second Circuit · 1998
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