Legal Opinion
Atlantic Carriers, Inc. v. United States
District Court, S.D. New York
Decided April 19, 1955PublishedCited by 8 opinions
1Opinion of the Court
IRVING R. KAUFMAN, District Judge.
This suit is brought, pursuant to the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., for an alleged breach of a charter party. 1 On April 6, 1953, the steamship John C., a vessel owned by the libelant was chartered to the respondent and was redelivered to libelant in allegedly damaged condition on August 8, 1954.
By exceptive allegations the respondent now raises a provision in the charter — a “disputes clause” — as a complete bar to the suit. The provision, Article 32 of the Charter, provides that any unsettled dispute “concerning a question of fact…
2Cases cited10 opinions
- United States v. Blair Ex Rel. Roanoke Marble & Granite Co.Supreme Court of the United States · 1944
- United States v. MoormanSupreme Court of the United States · 1950
- United States v. Joseph A. Holpuch Co.Supreme Court of the United States · 1946
- United States v. Callahan Walker Construction Co.Supreme Court of the United States · 1942
- United States v. Wessel, Duval & Co.District Court, S.D. New York · 1953
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Clem Perrin Marine Towing, Inc. v. Panama Canal Co.Court of Appeals for the Fifth Circuit · 1984
- States Marine Corporation of Delaware, Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1960
- Crown Coat Front Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1966
- Hidick v. Orion Shipping and Trading Co.District Court, S.D. New York · 1957
- Peerless Casualty Company v. United States of America, for the Use and Benefit of Bangor Roofing and Sheet Metal Co.Court of Appeals for the First Circuit · 1957
3 more not listed; retrieve them via the Exa API.