Legal Opinion
Cleary Bros. v. Christie Scow Corp.
District Court, E.D. New York
Decided November 27, 1946No. A-17757PublishedCited by 5 opinions
1Opinion of the Court
BYERS, District Judge.
This is a motion by respondent-implead-ed to dismiss the libel and an impleading petition, as being barred by the Statute of Limitations; what is probably meant is that the libelant and respondent are shown to have been guilty of laches, as to which the New York State 3-year Statute of Limitations should govern. Civil Practice Act, § 49.
The libel is by the owner of the scow Cleary No. 62 against the Christie Scow Corporation, which alleges ownership and charter of the scow to Christie on July 22, 1942, “the scow to be returned by it in the same condition * * * ”, and…
2Cases cited4 opinions
- Alpine Forwarding Co. v. Pennsylvania R. Co.Court of Appeals for the Second Circuit · 1932
- Schiavone-Bonomo Corp. v. Buffalo Barge Towing Corp.Court of Appeals for the Second Circuit · 1942
- The Moran No. 10District Court, S.D. New York · 1924
- Stiles v. Ocean S. S. Co.Court of Appeals for the Second Circuit · 1929
3Cited by5 opinions
- Curry v. States Marine Corp. of DelawareDistrict Court, S.D. New York · 1954
- Tesoriero v. A/S J. Ludwig Mowinckels RederiDistrict Court, S.D. New York · 1953
- Walle v. DallettDistrict Court, S.D. New York · 1955
- Shamrock Towing Co. v. Pennsylvania R. Co.District Court, S.D. New York · 1948
- Moran Transportation Corp. v. Lehigh Valley RailroadDistrict Court, S.D. New York · 1954