Petition of Goulandris
Citation | 50 F. Supp. 452 |
Parties | Petition of GOULANDRIS et al. THE IOANNIS P. GOULANDRIS. |
Decision Date | 07 April 1943 |
Court | U.S. District Court — Southern District of New York |
Bigham, Englar, Jones & Houston, of New York City (John W. R. Zisgen, of New York City, of counsel), for claimants.
Reid, Cunningham & Freehill and Hatch & Wolfe, all of New York City (Carver W. Wolfe, of New York City, of counsel), for petitioners.
The claimants ask for an order dismissing the petition for limitation of liability filed herein by the owners of the Steamship Ioannis P. Goulandris, on the ground that the petitioners have not complied with Section 185 of 46 U.S.C.A. and Admiralty Rule 51, 28 U.S.C.A. following section 723. Section 185 provides:
Prior to the amendment of this section in 1936, no time limitation was fixed for the maintenance of a proceeding similar to this. The purpose of the amendment was to cut down the rights and privileges of the ship owner, to require him to act promptly by setting a time limit where none existed before. The Grasselli Chemical Co., No. 4, D.C., 20 F.Supp. 394, 395, 60 S. Ct. 724, 84 L.Ed. 1027; The Fred Smartley Jr., 4 Cir., 108 F.2d 603-607, certiorari denied S. C. Loveland, Inc., v. Pennsylvania Sugar Co., 309 U.S. 683; The Bright, D.C., 38 F.Supp. 574-577, affirmed 4 Cir., 124 F.2d 45.
The proceedings are entirely statutory, and to avail himself of the right, the owner must bring himself fully within the terms fixed by the statute. Standard Wholesale Phosphate & Acid Works v. Travelers Insurance Co., 4 Cir., 107 F.2d 373-376; In re W. E. Hedger Co., Inc., 2 Cir., 59 F.2d 982, 983. The word "may" in this section means "must". Cantey v. McLain Line, D.C....
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Cincinnati Gas & Elec. Co. v. Abel
...purpose of the six months limitation in Section 185 was "to cut down the rights and privileges of the ship owner." In Petition of Goulandris, 50 F.Supp. 452 (S.D.N.Y.1943), aff'd, 140 F.2d 780 (2d Cir.), cert. denied, 322 U.S. 755, 64 S.Ct. 1268, 88 L.Ed. 1584 (1944), it was held that since......
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Wong v. Utah Home Fire Insurance Company
...the limitation of liability statute, with the special procedures prescribed, to be invoked in a case in personam. In Petition of Goulandris, D.C.S.D. N.Y., 50 F.Supp. 452, affirmed 2 Cir., 140 F.2d 780, a petition for limitation of liability under 46 U.S.C.A. § 183 et seq. was dismissed bec......
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Petition of American MARC, Inc., 63-397.
...that "may" in the section really means that an owner "must" file within six months or not at all. See e. g., Petition of Ioannis P. Goulandris, 50 F.Supp. 452 (S.D.N.Y.1943), affirmed, 140 F.2d 780 (2d Cir.), cert. denied, Goulandris v. American Tobacco Co., 322 U.S. 755, 64 S.Ct. 1268, 88 ......
- United States v. Drumm, 221.