Luckenbach S. S. Co. v. Gano Moore Co.
District Court, S.D. New York
In Admiralty. Libel by the Luckenbach Steamship Company against the Gano Moore Company and others. On exceptions to a petition under admiralty rule No. 56, bringing in the named respondent as a third party. The libel is upon a bill of lading issued by the libelant to the charterer, Gano Moore Company, for the carriage of a cargo of coal to Buenos Ayres.
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In Admiralty. Libel by the Luckenbach Steamship Company against the Gano Moore Company and others. On exceptions to a petition under admiralty rule No. 56, bringing in the named respondent as a third party. The libel is upon a bill of lading issued by the libelant to the charterer, Gano Moore Company, for the carriage of a cargo of coal to Buenos Ayres. The Gano Moore Company indorsed to the respondent the bill of lading which incorporated the terms of jthe charter party, among which was a provision' for discharge at the rate of at least 1,000 tons per- diem. On arrival the respondent…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [1-3] I regard it as now settled in this circuit that under the ñfty-sixth rule a third person may not be brought in where the liability charged against him is not maritime in its nature. The Ada, 250 Fed. 194, 162 C. C. A. 330; Aktieselskabet Fido v Lloyd Braziliero, 283 Fed. 62; The Goyaz (D. C.) 281 Fed. 259. Nor is it possible to treat a contract of sale as maritime, even though its performance involves the carriage of the goods on the seas to the place of delivery. No shadow of authority is suggested for such a notion. Were it sound, this court must…
2Cases cited4 opinions
- The AdaCourt of Appeals for the Second Circuit · 1918
- Aktieselsikabet Fido v. Lloyd BrazilieroCourt of Appeals for the Second Circuit · 1922
- The PennsylvaniaCourt of Appeals for the Second Circuit · 1907
- The GoyazDistrict Court, S.D. New York · 1922
3Cited by17 opinions
- Roosevelt Thurmond v. Delta Well Surveyors, Gulf Oil Corp. v. Delta Well Surveyors and P & S Well Service, Inc.Court of Appeals for the Fifth Circuit · 1988
- D. M. Picton & Co. v. EastesCourt of Appeals for the Fifth Circuit · 1947
- Lucky-Goldstar, Int'l (America) Inc. v. Phibro Energy International, Ltd.Court of Appeals for the Fifth Circuit · 1992
- Lamborn & Co. v. Compania Maritima Del NervionDistrict Court, S.D. New York · 1927
- Rudy-Patrick Seed Co. v. Kokusai Kisen Kabushiki KaishaDistrict Court, S.D. New York · 1932
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