Atlantic Fruit Co. v. Red Cross Line
District Court, S.D. New York
In Admiralty. Libel by the Atlantic Fruit Company against the Red Cross Line. On exceptions to the defense that the charter required appellant first to resort to arbitration.
1Opinion of the Court
MACK, Circuit Judge.
The libelant, as chartered owner, seeks to recover $4,500 alleged to be due under a time charter party of the steamship Runa. The respondent alleges by way of answer that, through ignorance of the lack of dispatch in the prosecution of the voyage upon the part of the master, it has already overpaid the libelant more than $35,000 for charter hire and expenses. The respondent sets up as a further defense the refusal of the libelant to submit to arbitration. The charter party has the following provision:
“That should any dispute arise between owners and charterers, the matter…
2Cases cited37 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Cooley v. Board of Wardens of Port of Philadelphia Ex Rel. Soc. for Relief of Distressed PilotsSupreme Court of the United States · 1852
- McClellan v. CarlandSupreme Court of the United States · 1910
- Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
- The LottawannaSupreme Court of the United States · 1875
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3Cited by15 opinions
- Robert Lawrence Company, Inc. v. Devonshire Fabrics, Inc.Court of Appeals for the Second Circuit · 1959
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
- Martin Glass v. Kidder Peabody & Co., Inc., a Delaware Corporation, and Daniel J. Mulhaul William F. BranstonCourt of Appeals for the Fourth Circuit · 1997
- Rueda v. Union Pacific Railroad Co.Oregon Supreme Court · 1946
10 more not listed; retrieve them via the Exa API.