Legal Opinion

Smith, Kirkpatrick & Co. v. Colombian S. S. Co.

Court of Appeals for the Fifth Circuit

Decided March 4, 1937No. 8087PublishedCited by 11 opinions

1Opinion of the Court

FOSTER, Circuit Judge.

This is an appeal from a decree sustaining exceptions to a libel in admiralty and dismissing the suit.

The suit was brought by Smith, Kirkpatrick & Co., hereafter referred to as libelant in rem, against the steamship Haiti and in personam against her owner, Colombian Steamship Company, Inc., hereafter referred to as respondent; In substance, the material allegations of the libel are these;

On April 26, 1934, 250 bags of clean coffee were shipped from Puerto Colombia, Colombia, on the steamship Haiti, destined to San Francisco, Cal. A through *394bill of lading covering the…

2Cases cited4 opinions

  1. Baltimore & Ohio Southwestern Railway Co. v. VoigtSupreme Court of the United States · 1900
  2. St. Johns N. F. Shipping Corp. v. . S. A. Companhia Geral Commercial Do Rio De JaneiroSupreme Court of the United States · 1923
  3. Reid v. FargoSupreme Court of the United States · 1916
  4. The Gazelle and CargoSupreme Court of the United States · 1888

3Cited by11 opinions

  1. In Re the Appeal of MartinSupreme Court of North Carolina · 1974
  2. The Chester ValleyCourt of Appeals for the Fifth Circuit · 1940
  3. Larsen v. Insurance Company of North AmericaDistrict Court, W.D. Washington · 1965
  4. International Drilling Company v. M/V DoriefsDistrict Court, S.D. Texas · 1968
  5. Union Oil Co. v. The "H. C. Jefferson"District Court, E.D. Pennsylvania · 1941

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