Hernandez v. Steamship SS Flying Arrow

PALMIERI, District Judge.

Of respondent’s three stated exceptions, only one, laches, was argued or briefed by respondent and this memorandum is limited thereto. In determining whether the exceptions should be sustained, the affidavits submitted by the parties, in amplification or contradiction of the facts stated in the libel, may not be considered. The exceptions must be tested against the face of the libel. The *952Sydfold, 2 Cir., 1936, 86 F.2d 611, 612-613; Walle v. Dallett, D.C.S.D.N.Y.1955, 135 F.Supp. 390, 393; Compagnie Generale Transatlantique v. City of New York, D.C.S.D.N.Y.1953, 114…