Kohler & Chase v. United American Lines

Decision Date12 July 1932
Citation60 F.2d 530
PartiesKOHLER & CHASE et al. v. UNITED AMERICAN LINES, Inc., et al.
CourtU.S. District Court — Southern District of New York
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Hunt, Hill & Betts and John W. Crandall, all of New York City, for libelants.

Burlingham, Veeder, Fearey, Clark & Hupper, William J. Dean, and Roscoe H. Hupper, all of New York City, for United American Lines.

Douglass C. Lawrence and Sawyer Thompson, both of New York City, for Frank B. Hall & Co. and other respondents.

FRANK J. COLEMAN, District Judge.

In admiralty. Exceptions by libelants and respondents to report of special commissioner appointed by Judge Woolsey to hear and report upon all the issues raised by the pleadings. Without reciting each of the forty-four exceptions filed by the libelants, it must suffice to state that I have examined them and have not only found the special commissioner's rulings correct, but that he has adequately stated the basis for them.

As to the exceptions of the respondents, while it is regrettable that further litigation may be necessary in order to determine the rights of all the parties, I believe that the special commissioner was technically correct in his rulings as to the insufficiency of the tender and the unavailability of the offset. These exceptions also are, therefore, overruled.

Settle decree in accordance with the report of the special commissioner.

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3 cases
  • Cia. Atlantica Pacifica, SA v. Humble Oil & Refining Co., 4833.
    • United States
    • U.S. District Court — District of Maryland
    • August 31, 1967
    ...if cargo has been sacrificed, he is under a duty to that cargo to obtain security from the other cargo." Kohler & Chase v. United American Lines, 60 F.2d 530, 533 (S.D.N.Y.1932) (report of special commissioner prefacing order of court approving that report). Pending a general average adjust......
  • South Carolina Power Co. v. South Carolina Tax Com'n
    • United States
    • U.S. District Court — District of South Carolina
    • July 21, 1932
    ... ... The power company has a great system of lines within the state of South Carolina for the transmission and ... ...
  • Frank B. Hall and Co., Inc., B-157519
    • United States
    • Comptroller General of the United States
    • February 15, 1966
    ... ... B-157519Comptroller General of the United StatesFebruary 15, 1966 ... We ... In ... American tobacco company v. Goulandris, 173 F.Supp. 140, 181 ... parties. Kohler and chase v. United American lines, 60 F.2d ... 530 ... ...

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