Krauss Bros. Lumber Co. v. Dimon S. S. Corp.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WILBUR, Circuit Judge.
The appellant filed a libel in rem against the steamship Pacific Cedar, and in personam against her owner. The trial court sustained the exception to the libel filed by the respondent upon the ground that admiralty was without jurisdiction over the matter and-dismissed the libel. Prom this decree the libelant takes this appeal.
The object of the action is to recover an overpayment of freight made by the libelant to the respondent. The claim arises from the contingent' character of the contract of affreightment contained in the “booking agreement” dated November 22,1929,…
2Cases cited14 opinions
- Mahler v. EbySupreme Court of the United States · 1924
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Red Cross Line v. Atlantic Fruit Co.Supreme Court of the United States · 1924
- Vandewater v. MillsSupreme Court of the United States · 1857
- Matson Navigation Co. v. United StatesSupreme Court of the United States · 1932
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3Cited by2 opinions
- Sword Line, Inc., Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1956
- Sword Line, Inc., Libelant-Appellant v. United StatesCourt of Appeals for the Second Circuit · 1956