Standard Oil Co. of New Jersey v. Defense Plant Corp.
Decision Date | 01 June 1944 |
Citation | 57 F. Supp. 13 |
Parties | STANDARD OIL CO. OF NEW JERSEY v. DEFENSE PLANT CORPORATION et al. |
Court | U.S. District Court — Southern District of New York |
Bigham, Englar, Jones & Houston, of New York City (F. Herbert Prem, of New York City, of counsel), for defendant Defense Plant Corporation.
Davis, Polk, Wardwell, Sunderland & Kiendl, of New York City (Judson C. McLester, Jr., of New York City, of counsel), for defendant Kosmos Towing Co.
Otterbourg, Steindler & Houston, of New York City (E. Robert Marks, of New York City, of counsel), for trustee in bankruptcy.
This is an interpleader suit involving the sum of $12,977.96 deposited in the registry of the court by the plaintiff. The defendants have asserted claims against the fund. The court, by decree, dated April 24, 1944, freed the plaintiff from liability to the defendants with respect to the fund, awarded the plaintiff $242.42 for costs and counsel fees, and directed the defendants to interplead their respective claims in the action. The net fund now available for disposition, after deducting the sum of $242.42 awarded to the plaintiff, thus amounts to $12,735.54.
The sum of $12,977.96 deposited in the registry of the court by the plaintiff represented freight monies earned by United States Barge Lines, Inc., a Kentucky corporation, under contract with the plaintiff, in carrying a quantity of oil from Baton Rouge, Louisiana, to Midland, Pennsylvania, in June, July and August, 1943. The record does not show just when these freight monies were earned by the Barge Lines, but enough appears to indicate that the carriage was completed by August 10, 1943, and that the freight monies were fully earned and payable at that time.
The facts relating to the claims of the defendants are not in dispute. The defendant Defense Plant Corporation, a government agency, chartered to the Barge Lines a tow boat and two barges for use in moving the oil under the contract with the plaintiff. When the tow was near Louisville, Kentucky, it was halted for lack of funds, and on July 26, 1943, the defendant Kosmos Towing Company, a Kentucky corporation, loaned to the Barge Lines $6,000 on the security of an assignment of the freight monies due the Barge Lines from the plaintiff. This assignment was executed in Kentucky, and was accepted by the plaintiff by telegram on July 29, 1943, the plaintiff advising that the check would be made payable to the Barge Lines and the Kosmos Company jointly. On August 10, 1943, the Defense Corporation commenced an admiralty suit in this district against the Barge Lines for unpaid charter hire on the tow boat and barges, and obtained jurisdiction by attaching $7,740 of the freight monies due the Barge Lines from the plaintiff. An interlocutory decree in this suit was entered in favor of the Defense Corporation on September 29, 1943, and was followed on March 6, 1944, by a final decree for $7,846.42, with interest thereon from March 6, 1944. On January 22, 1944, an involuntary bankruptcy petition was filed against the Barge Lines in the District Court for the Western District of Kentucky, and, after adjudication, the defendant Brent was appointed trustee for the company.
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