Banque-Russo Asiatique London v. United States Shipping Board Emergency Fleet Corp.
District Court, E.D. Pennsylvania
In Admiralty. Suit by the Banque-Russo Asiatique London against the United States Shipping Board Emergency Fleet Corporation, as owner of steamship Kittegaun.
1Opinion of the Court
DICKINSON, District Judge.
The form of action is in personam. The cause of action is the implied assumpsit to return moneys exacted under duress and paid under protest, with notice of action to recover what was unlawfully exacted. The defense is the demand under which payment was made was a lawful demand.
Statement of Facts.
The sum in dispute is $32,775, representing demurrage for detention of vessel from 5 p. m. on February 26 to 8 a. m. March 6, 1920, or 8 days and 15 hours, at the rate of $3,800 per day. This is on the basis of $1 per ton registered tonnage. The vessel was the steamship…
2Cited by2 opinions
- United States Shipping Board Emergency Fleet Corp. v. Banque Russo Asiatique, LondonCourt of Appeals for the Third Circuit · 1923
- Little v. One Cargo of LumberDistrict Court, S.D. Florida · 1924