Legal Opinion

Postal S. S. Co. v. International Freighting Corp.

Court of Appeals for the Fifth Circuit

Decided January 29, 1943No. 10274PublishedCited by 12 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

The Barge “Ben”, owned by appellant and chartered by appellee, sank. The entire vessel and its cargo were lost except a lifeboat valued at $150. Appellant filed petition for exoneration from, or limitation of, liability, and secured an injunction against any other legal proceedings against it with respect to liability arising out of the sinking pending determination of the limitation proceedings.

Appellee, as charterer of the vessel and bailee of the cargo, filed its claim in the limitation proceedings, reserving its rights to arbitration under the charter party.…

2Cases cited3 opinions

  1. Langnes v. GreenSupreme Court of the United States · 1931
  2. Ex Parte GreenSupreme Court of the United States · 1932
  3. Stark v. Texas Co.Court of Appeals for the Fifth Circuit · 1937

3Cited by12 opinions

  1. Pershing Auto Rentals, Inc. v. William C. GaffneyCourt of Appeals for the Fifth Circuit · 1960
  2. Lowry & Co., Inc., Libelant-Appellant v. S. S. Le Moyne D'iberville, Her Engines, Boilers, Etc. And Compagnie Generale Transatlantique a ParisCourt of Appeals for the Second Circuit · 1967
  3. Offshore of the Palm Beaches, Inc. v. Lisa LynchCourt of Appeals for the Eleventh Circuit · 2014
  4. In re Wills Lines, Inc.Court of Appeals for the Second Circuit · 1955
  5. Austracan, (U.S.A.) Inc. v. M/V LemoncoreCourt of Appeals for the Fifth Circuit · 1974

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