In re Red Cross Line
District Court, S.D. New York
Petition by the Red Cross Line for an order directing the Atlantic Fruit Company to proceed to arbitration, removed on_ petition of the Atlantic Fruit Company to the United States District Court. On motion by the Red Cross Line -to remand, and by the Atlantic Fruit Company to dismiss for lack of jurisdiction.
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
The Red Cross Line has a claim against the Atlantic Fruit Company to recover $35,256.96, charter hire and expenses alleged to have been overpaid by the Red Cross Line in ignorance that the master had failed to prosecute the voyage with dispatch. The charter party contained the covenant that the captain should prosecute the voyage “with the utmost dispatch.” It contained the following arbitration clause:
“23. That, should any dispute arise between owners and charterers, the matters in dispute shall be referred to three persons in New York, one to be appointed by…
2Cases cited11 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Ex Parte WisnerSupreme Court of the United States · 1906
- Kurtz v. MoffittSupreme Court of the United States · 1885
- Rosenbaum v. BauerSupreme Court of the United States · 1887
- In Re WinnSupreme Court of the United States · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- San Carlo Opera Co. v. ConleyDistrict Court, S.D. New York · 1946
- Davenport v. Procter & Gamble Manufacturing CompanyCourt of Appeals for the Second Circuit · 1957
- Davenport v. Procter & Gamble Manufacturing Co.Court of Appeals for the Second Circuit · 1957
- Cities Service Oil Co. v. American Mineral Spirits Co.District Court, S.D. New York · 1937
- Calhoun v. LangeDistrict Court, D. Maryland · 1941
4 more not listed; retrieve them via the Exa API.