Legal Opinion

Sorensen v. United States

Court of Appeals for the Second Circuit

Decided March 27, 1947No. 199, Docket 20499PublishedCited by 9 opinions

1Per curiam

The appellant opposed the appellees’ petition for intervention on the ground that their claim to the proceeds of the insurance was barred by the applicable statute of limitation. On appeal she argues that the court erred in overruling this defense. But before reaching that question we must determine whether the order is appealable. Obviously it is not a final order. See Rutherford v. Fisher, 4 Dali., Pa., 22, 1 L.Ed. 724 (overruling a plea of limitations). As an interlocutory order in admiralty it is appealable only if it determines “the rights and liabilities of the parties.” 28 U.S.C.A. §…

2Cases cited5 opinions

  1. Schoenamsgruber v. Hamburg American LineSupreme Court of the United States · 1935
  2. Barbarino v. Stanhope S. S. Co.Court of Appeals for the Second Circuit · 1945
  3. United States v. RadiceCourt of Appeals for the Second Circuit · 1930
  4. Dolcater v. Manufacturers & Traders Trust Co.Court of Appeals for the Second Circuit · 1939
  5. Rutherford v. FisherSupreme Court of the United States · 1800

3Cited by9 opinions

  1. Republic of China v. American Express Co., Inc.Court of Appeals for the Second Circuit · 1951
  2. E. Roberta Roach, Administratrix of the Estate of John Hubert Roach, Deceased v. John P. Churchman, Administrator of the Estate of Merle RavensteinCourt of Appeals for the Eighth Circuit · 1972
  3. Petition of World Tradeways Shipping, Ltd., as Owner of the Steamship Tradeways II in a Cause of Exoneration From or Limitation of Liability for Damages Arising Out of the Sinking of the Tradeways II on or About October 24, 1965 Nimpex International, Inc. And Midland Overseas Shipping Corp., Claimants-AppelleesCourt of Appeals for the Second Circuit · 1967
  4. Republic of China v. National City Bank of New York. Petition of Republic of ChinaCourt of Appeals for the Second Circuit · 1952
  5. Thompson v. BroadfootCourt of Appeals for the Second Circuit · 1948

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