Legal Opinion

Parthenia Corp. v. Morse

District Court, S.D. New York

Decided March 25, 1930PublishedCited by 2 opinions

1Opinion of the Court

COXE, District Judge,

To construe Admiralty Rule. 29 as narrowly as contended for by tho respondent would so limit its application as to make it practically ineffective. The rule provides that when “the answer does not deny that the libelant is entitled to recover in respect of a part of the claim,” and there is no “recoupment, offset or counterclaim,” there may he “a final decree for any sum so admitted to be due.”

I think the answer in this ease is within the rule.

The libel is for $19,474.65 for an alleged balance for charter hire, demurrage and repair charges, under a written charter party.…

2Cases cited4 opinions

  1. Levy v. HallagerNew York Supreme Court · 1922
  2. Mercantile Bank of Americas, Inc. v. Flower Lighterage Co.Court of Appeals for the Second Circuit · 1926
  3. Redondo S. S. Co. v. Archibald McNeil & Sons Co.Court of Appeals for the Second Circuit · 1926
  4. Heppes-Nelson Roofing Co. v. LewisDistrict Court, E.D. New York · 1920

3Cited by2 opinions

  1. Fleder v. ItkinNew York Court of Appeals · 1945
  2. Tractor & Equipment Corp. v. Chain Belt Co.District Court, S.D. New York · 1942

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