Legal Opinion

Dibrell Bros. v. Prince Line, Ltd.

District Court, S.D. New York

Decided August 26, 1931PublishedCited by 1 opinion

1Opinion of the Court

GODDARD, District Judge.

This motion by the libelant presents exceptions by libelant to articles twenty-fourth and twenty-fifth in the answer purporting to set forth two affirmative defenses. The substance of article twenty-fourth is the denial of negligence on the part of the carrier in failing to obtain security from shippers to whom it had delivered cargo subject to libelant’s lien for contribution in general average. The defense set up in article twenty-fifth is that the eláim was not presented within the time specified in the bill of lading. There are also presented exceptions by…

2Cases cited10 opinions

  1. EJ DuPont De Nemours & Co. v. VanceSupreme Court of the United States · 1857
  2. Botsford v. Union Marine Ins.Court of Appeals for the Seventh Circuit · 1893
  3. Gillet v. EllisIllinois Supreme Court · 1850
  4. Commercial Union Ins. v. Proceeds of The AlliancaDistrict Court, S.D. New York · 1894
  5. Heye v. North German LloydDistrict Court, S.D. New York · 1887

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3Cited by1 opinion

  1. Ying Chun Tan v. Hung Pin Lee, Texas Court of Appeals, 14th District (Houston)2007

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