Cuneo Importing Co. v. American Importing & Transportation Co.
District Court, S.D. New York
In Admiralty. Suit by the Cuneo Importing Company against the American Importing & Transportation Company, with Daniel Bacon, impleaded. On exception by respondent to answer of the impleaded respondent.
1Opinion of the Court
MAYER, District Judge.
The petitioner (hereinafter called American), excepts to the plea of res judicata raised by Daniel Bacon, managing owner of the steamship Banes, in paragraph 10 of his answer to the petition as follows:
“Tenth. That on or about the 1st day of November, 1909, an action was commenced in the superior court, Suffolk county, commonwealth of Massachusetts, by the Banes Steamship Company, as owner of the steamship Banes, against the petitioner. That thereafter said petitioner, on or about the 1st day of’December, 1909, filed its answer and set-off. Said answer and set-off…
2Cases cited5 opinions
- Straus v. American Publishers' Ass'nCourt of Appeals for the Second Circuit · 1912
- Post v. City of LincolnDistrict Court, S.D. New York · 1885
- The BanesCourt of Appeals for the Second Circuit · 1915
- L. Bucki & Son Lumber Co. v. Atlantic Lumber Co.Court of Appeals for the Fifth Circuit · 1901
- Banes Steamship Co. v. American Importing & Transportation Co.Massachusetts Supreme Judicial Court · 1911
3Cited by5 opinions
- Second Nat. Bank of Saginaw v. WoodworthDistrict Court, E.D. Michigan · 1931
- Atchison, T. & S. F. Ry. C. v. A. B. C. Fireproof Warehouse Co.Court of Appeals for the Eighth Circuit · 1936
- Usher v. 1015 N STREET, NW COOPERATIVE ASSOCIATIONDistrict of Columbia Court of Appeals · 1956
- White v. MileyWashington Supreme Court · 1926
- Schaeffer v. United StatesCourt of Appeals for the Third Circuit · 1917