Legal Opinion
Toho Bussan Kaisha, Ltd. v. American President Lines, Ltd.
District Court, S.D. New York
Decided June 24, 1957PublishedCited by 8 opinions
1Opinion of the Court
WALSH, District Judge.
This is an action to recover certain payments made under a letter of credit upon bills of lading knowingly predated by the defendant. Plaintiff moves for summary judgment. Defendant moves to dismiss the complaint as failing to state a claim for which relief can be granted and as time barred by the period of limitation fixed in the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1303 (6). In the alternative, defendant also moves for summary judgment.
All of the motions are denied except that plaintiff is granted summary judgment with respect to the third defense. The fourth…
2Cases cited20 opinions
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- New York Central & Hudson River Railroad v. United StatesSupreme Court of the United States · 1909
- Reitmeister v. ReitmeisterCourt of Appeals for the Second Circuit · 1947
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Toho Bussan Kaisha, Limited v. American President Lines, LimitedCourt of Appeals for the Second Circuit · 1959
- Miller Export Corp. v. Hellenic Lines, Ltd.District Court, S.D. New York · 1982
- Elgie & Co. v. S. S. "S. A. NEDERBURG"Court of Appeals for the Second Circuit · 1979
- GAC Commercial Corporation v. WilsonDistrict Court, S.D. New York · 1967
- Consolidated Foods Corporation v. PearsonSupreme Court of Minnesota · 1970
3 more not listed; retrieve them via the Exa API.