Legal Opinion
Marine Overseas Services, Inc., Cross-Appellee v. Crossocean Shipping Co., Inc., Cross-Appellant, Muhammadi Steamship Co.
Court of Appeals for the Fifth Circuit
Decided June 16, 1986No. 85-2029PublishedCited by 35 opinions
1Opinion of the Court
ROBERT MADDEN HILL, Circuit Judge:
The central issue presented by this admiralty case is whether a party in breach of a contract of affreightment is entitled to an offset reflecting the injured party’s failure to repay loans taken out from the injured party’s customers. We hold that the district court erred in allowing such an offset, and we reverse and remand.
I. BACKGROUND
A. Facts
In the summer of 1975, Marine Overseas Services, Inc., (“Marine Overseas”) was engaged in the export service business and as a part of its business acted as a broker in booking ocean cargo for freight forwarders.…
2Cases cited11 opinions
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
- Noritake Co., Inc. v. M/v Hellenic ChampionCourt of Appeals for the Fifth Circuit · 1980
- Elbie Mozingo, Cross-Appellee v. Correct Manufacturing Corporation and G.W. Way, Correct Manufacturing Corporation, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1985
- Interocean Shipping Company v. National Shipping and Trading Corporation and Hellenic International Shipping, S.A.Court of Appeals for the Second Circuit · 1972
- Todd Shipyards Corporation, Cross-Appellant v. Auto Transportation, S.A., Intervenor-Appellee v. Turbine Service, Inc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Virginia Woodfield, Nationwide Mutual Insurance Co., Plaintiff-Third Party v. Charlie Bowman, Planet Insurance Co., Defendant-Third PartyCourt of Appeals for the Third Circuit · 1999
- Garanti Finansal Kiralama A.S. v. Aqua Marine and Trading Inc.Court of Appeals for the Second Circuit · 2012
- Randolph v. LaeiszCourt of Appeals for the Fifth Circuit · 1990
- F.W.F., Inc. v. Detroit Diesel Corp.District Court, S.D. Florida · 2007
- Wonder Corp. v. Chase Manhattan Bank (In Re Wonder Corp.)United States Bankruptcy Court, D. Connecticut · 1989
30 more not listed; retrieve them via the Exa API.