Legal Opinion

Lowry & Co. v. S.S. Le Moyne D'Iberville

District Court, S.D. New York

Decided March 29, 1966No. 64 Ad. 1362PublishedCited by 60 opinions

1Opinion of the Court

WEINFELD, District Judge.

Libelant, the transferee of bills of lading covering sugar cargoes shipped on respondent’s vessel, filed this libel to recover damages to the shipments, which were carried from French ports to New York, Philadelphia and Baltimore.

The respondent moves to dismiss the libel or alternatively to direct libelant to submit its claim to arbitration. The basis of the motion is an arbitration clause in the charter party entered into between respondent and Amerop Commodities Corporation, from whom libelant acquired the bills of lading.

On September 17, 1963 respondent, a French…

2Cases cited24 opinions

  1. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  2. United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
  3. Reconstruction Finance Corp. v. Harrisons & Crosfield, LimitedCourt of Appeals for the Second Circuit · 1953
  4. Son Shipping Co., Inc. v. De Fosse & TangheCourt of Appeals for the Second Circuit · 1952
  5. World Brilliance Corporation v. Bethlehem Steel CompanyCourt of Appeals for the Second Circuit · 1965

19 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Application of Conticommodity Services Inc., for an Order Restraining Arbitration Attempted to Be Had by Philipp & LionCourt of Appeals for the Second Circuit · 1980
  2. Indussa Corporation v. S.S. Ranborg, Her Engines, Boilers, Etc. (Erling Hansens Rederi A/s and Skibs A/s Linea, Claimants)Court of Appeals for the Second Circuit · 1967
  3. Gold Coast Mall, Inc. v. Larmar Corp.Court of Appeals of Maryland · 1983
  4. Compania Espanola de Petroleos, S. A. v. Nereus Shipping, S. A.Court of Appeals for the Second Circuit · 1975
  5. Board of Education v. W. Harley Miller, Inc.West Virginia Supreme Court · 1977

55 more not listed; retrieve them via the Exa API.

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