Candiano v. Moore-McCormack Lines, Inc., No. 242

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtLUMBARD, , and MOORE and FRIENDLY, Circuit
Citation407 F.2d 385
PartiesCarmelo CANDIANO, Plaintiff-Appellee, v. MOORE-McCORMACK LINES, INC., Defendant-Appellant, v. JOHN W. McGRATH CORP., Third Party Defendant-Appellee.
Decision Date28 January 1969
Docket NumberNo. 242,Docket 32750.

407 F.2d 385 (1969)

Carmelo CANDIANO, Plaintiff-Appellee,
v.
MOORE-McCORMACK LINES, INC., Defendant-Appellant,
v.
JOHN W. McGRATH CORP., Third Party Defendant-Appellee.

No. 242, Docket 32750.

United States Court of Appeals Second Circuit.

Argued January 6, 1969.

Decided January 28, 1969.


407 F.2d 386

Martin J. McHugh, New York City, (Joseph F. McGoldrick, and James M. Leonard, New York City, of counsel), for appellant.

Ezekiel Jasper, New York City, (Max D. Krongold, New York City, of counsel), for appellee.

Before LUMBARD, Chief Judge, and MOORE and FRIENDLY, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal from the refusal of the District Court for the Southern District of New York to grant appellant Moore-McCormack Lines, Inc.'s (hereinafter "Shipowner") motion for an order relieving it from a judgment on the ground that the judgment has been paid and directing the Clerk to mark the judgment satisfied. The only question involved on the appeal is post-judgment interest.

Plaintiff-appellee Carmelo Candiano, a carpenter, was injured in a shipboard accident. He sued Shipowner alleging that his injuries were caused by Shipowner's negligence and the unseaworthiness of the vessel. Shipowner asserted a third party claim against Candiano's employer, John W. McGrath Corporation (hereinafter "Stevedore"). Shipowner alleged that Stevedore had breached its warranty of workmanlike service and accordingly should indemnify it for any judgment it might have to pay to Candiano, including attorneys' fees and expenses.

The trial court found that Candiano's injuries were proximately caused by the unseaworthiness, as that term has come to be used, of the vessel and awarded a judgment of $50,000 against Shipowner. 251 F.Supp. 654 (S.D.N.Y.1966). It also determined that Shipowner was entitled to a judgment in like amount, plus reasonable expenses of defending the action, against Stevedore. After entry of the judgment, Stevedore assumed the further defense of the action and its counsel was substituted for Shipowner's. It thereupon undertook an unsuccessful appeal to this Court, 382 F.2d 961 (2d Cir. 1967), and certiorari was denied in the Supreme Court. 390 U.S. 1027, 88 S.Ct. 1416, 20 L.Ed.2d 284 (1968). A rehearing was also subsequently denied. 386 F.2d 444.

As his employer, Stevedore had secured to Candiano the benefits of compensation pursuant to the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq. The benefits...

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16 practice notes
  • Rosenberg v. Rosenberg, No. 1555
    • United States
    • Court of Special Appeals of Maryland
    • 1 Septiembre 1984
    ...the use or forbearance of money." Rosen v. United States, 288 F.2d 658, 660 (3d Cir.1961); See Candiano v. Moore-McCormack Lines, Inc., 407 F.2d 385, 387 (2d Cir.1969). Although interest will not be allowed if there was an obvious intent not to charge interest, 47 C.J.S., Interest & Usury, ......
  • Southern Pacific Transp. Co. v. United States, Civ. No. R-77-0180.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 17 Abril 1979
    ...v. Commissioner, 303 F.2d 847, 849 (2d Cir. 1962), or "compensation for the use of money." E. g., Candiano v. Moore-McCormack Lines, Inc., 407 F.2d 385, 387 (2d Cir. 1969); accord, Clark v. Paul Revere Life Ins. Co., 417 F.2d 683, 686 (8th Cir. 1969); citing 45 Am.Jur.2d, Interest § 1. Refe......
  • Payne v. Tri-State Careflight, LLC, No. CIV 14-1044 JB\KBM
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 16 Marzo 2019
    ...under 60(b)(5) a codefendants' motion to reduce a judgment by the amount paid in settlement); Candiano v. Moore-McCormack Lines, Inc., 407 F.2d 385 (2d Cir. 1969)(resolving under rule 60(b)(5) an argument to mark a judgment satisfied before the defendant paid post-judgment interest); Sierra......
  • Devex Corp. v. General Motors Corp., Civ. A. No. 3058 CMW
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • 20 Enero 1984
    ...share of the judgment. See Howell v. Marmpegaso Compania Naviera, 578 F.2d 86, 87 (5th Cir.1978); Candiano v. Moore-McCormack Lines, Inc., 407 F.2d 385, 387 (2d Cir.1969); Becker v. Huss Co., Inc., 43 N.Y.2d 527, 402 N.Y.S.2d 980, 986, 373 N.E.2d 1205, 1211 (N.Y.1978); Fireman's Fund Indemn......
  • Request a trial to view additional results
16 cases
  • Rosenberg v. Rosenberg, No. 1555
    • United States
    • Court of Special Appeals of Maryland
    • 1 Septiembre 1984
    ...the use or forbearance of money." Rosen v. United States, 288 F.2d 658, 660 (3d Cir.1961); See Candiano v. Moore-McCormack Lines, Inc., 407 F.2d 385, 387 (2d Cir.1969). Although interest will not be allowed if there was an obvious intent not to charge interest, 47 C.J.S., Interest & Usury, ......
  • Southern Pacific Transp. Co. v. United States, Civ. No. R-77-0180.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • 17 Abril 1979
    ...v. Commissioner, 303 F.2d 847, 849 (2d Cir. 1962), or "compensation for the use of money." E. g., Candiano v. Moore-McCormack Lines, Inc., 407 F.2d 385, 387 (2d Cir. 1969); accord, Clark v. Paul Revere Life Ins. Co., 417 F.2d 683, 686 (8th Cir. 1969); citing 45 Am.Jur.2d, Interest § 1. Refe......
  • Payne v. Tri-State Careflight, LLC, No. CIV 14-1044 JB\KBM
    • United States
    • United States District Courts. 10th Circuit. District of New Mexico
    • 16 Marzo 2019
    ...under 60(b)(5) a codefendants' motion to reduce a judgment by the amount paid in settlement); Candiano v. Moore-McCormack Lines, Inc., 407 F.2d 385 (2d Cir. 1969)(resolving under rule 60(b)(5) an argument to mark a judgment satisfied before the defendant paid post-judgment interest); Sierra......
  • Devex Corp. v. General Motors Corp., Civ. A. No. 3058 CMW
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • 20 Enero 1984
    ...share of the judgment. See Howell v. Marmpegaso Compania Naviera, 578 F.2d 86, 87 (5th Cir.1978); Candiano v. Moore-McCormack Lines, Inc., 407 F.2d 385, 387 (2d Cir.1969); Becker v. Huss Co., Inc., 43 N.Y.2d 527, 402 N.Y.S.2d 980, 986, 373 N.E.2d 1205, 1211 (N.Y.1978); Fireman's Fund Indemn......
  • Request a trial to view additional results

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