Legal Opinion

JK Welding Co. v. Gotham Marine Corporation

District Court, S.D. New York

Decided January 22, 1931PublishedCited by 39 opinions

1Opinion of the Court

WOOLSEY, District Judge.

The motion to amend the ad damnum paragraph of the libel is granted if — despite what I hereafter say — the libelant elects that course.

The motion to compel the giving of additional stipulation for value is denied.

A reference to a commissioner to hear and report is granted.

I. A motion to amend the libel and increase the claim for damages should properly be granted at this stage of the litigation. To what extent it will be of benefit to the libelant in a proceeding in rem is, however, somewhat doubtful, for the reasons hereinafter given.

It may be, of course, that, when…

2Cases cited22 opinions

  1. The PalmyraSupreme Court of the United States · 1827
  2. United States v. AmesSupreme Court of the United States · 1879
  3. The Steamer WebbSupreme Court of the United States · 1872
  4. The" Wanata"Supreme Court of the United States · 1877
  5. The LydiaCourt of Appeals for the Second Circuit · 1924

17 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Betty K Agencies, Ltd. v. M/V MonadaCourt of Appeals for the Eleventh Circuit · 2005
  2. Richard J. MacKensworth v. S.S. American MerchantCourt of Appeals for the Second Circuit · 1994
  3. Seguros Banvenez, S.A. v. S/S Oliver DrescherCourt of Appeals for the Second Circuit · 1985
  4. Cactus Pipe & Supply Co. v. M/V MontmartreCourt of Appeals for the Fifth Circuit · 1985
  5. Sylvia Moore, Sylvia Moore v. Angela Mv, Angela Maritime Shipping Ltd., Claimant-AppellantCourt of Appeals for the Fifth Circuit · 2003

34 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API