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THE IRVING

June 23, 1936

THE IRVING; THE SEATRAIN HAVANA; CONNERS MARINE CO., Inc.,
v.
MANHATTAN LIGHTERAGE CORPORATION



The opinion of the court was delivered by: CAMPBELL

CAMPBELL, District Judge.

On stipulation the two above-entitled suits were consolidated for the purpose of trial only, separate decrees to be entered, and one opinion will suffice.

In the second above-entitled action the Manhattan Lighterage Corporation was on the petition of Seatrain Lines, Inc., impleaded under the 56th Rule in Admiralty (28 U.S.C.A. following section 723); and the lighter Irving and Conners Marine Company, Inc., were on the petition of Manhattan Lighterage Corporation impleaded under the 56th Rule in Admiralty.

 At all the times hereinafter mentioned and at the time of the trial Conners Marine Co., Inc., the libelant in the first above-entitled suit, and respondent-impleaded in the second above-entitled suit, was a domestic corporation organized and existing under and by virtue of the laws of the state of New York.

 At all the times hereinafter mentioned and at the time of the trial, Manhattan Lighterage Corporation, the respondent in the first above-entitled suit, and a respondent-impleaded in the second above-entitled suit, was a corporation organized and existing under the laws of the state of New York, with an office and place of business at 17 Battery Place, N.Y., and has no place of business or residence within this district and within the jurisdiction of this court, but has certain property consisting of floating equipment, chattels, and goods, and/or various other credits within this District and the jurisdiction of this court.

 At all the times hereinafter mentioned and prior to the time of the said chartering of the said lighter Irving to said Manhattan Lighterage Corporation she was owned by the said Conners Marine Co., Inc.

 At all the times hereinafter mentioned and at the time of the trial, American Molasses Company of New York, the libelant in the second entitled suit, was a corporation organized and existing under and by virtue of the laws of the state of New York, with an office for the transaction of business at No. 111 Wall street, city of New York.

 At all the times hereinafter mentioned and at the time of the trial Seatrain Lines, Inc., the respondent in the second above-entitled suit, was a corporation organized and existing under the laws of the state of Delaware, with an office for the transaction of business at 39 Broadway, city of New York, and was at said times the owner of the steamship Seatrain Havana, and engaged as a common carrier in interstate commerce shipments and transportation by water between, among other places, the state of Louisiana and the state of New York.

 During the currency of process hereunder the lighter Irving was within this District and within the jurisdiction of this court.

 On the 7th day of December, 1933, the libelant in the first above-entitled suit, Conners Marine Co., Inc., chartered and hired to the respondent in such suit, Manhattan Lighterage Corporation, the lighter Irving at a rate of $12 per day for a period commencing December 8, 1933, and continuing until the lighter was returned to the libelant in the towing limits of New York Harbor, at a place designated by the libelant, in the same condition as when received, less ordinary wear and tear, pursuant to an oral charter agreement, confirmed by the said libelant in writing.

 Pursuant to the said charter the libelant aforesaid, Conners Marine Co., Inc., delivered the lighter Irving to the respondent, Manhattan Lighterage Corporation, on the 8th day of December, 1933, and said lighter remained in the care, custody, and under the direction and control of the said respondent from that time until on or about January 3, 1934, when the said lighter was returned by the said respondent, Manhattan Lighterage Corporation to the said libelant, Conners Marine Co., Inc.

 When the said lighter Irving was returned by said respondent, Manhattan Lighterage Corporation, to the said libelant, Conners Marine Co., Inc., it was not in the same condition as when received, but was damaged and broken, and that such damage was not the result of ordinary wear and tear.

 On the 20th day of December, 1933, the respondent in the second above-entitled suit, Seatrain Lines, Inc., as a common carrier, as hereinbefore described, received from the American Molasses Company of Louisiana, at Belle Chasse, La., 1,958 barrels of molasses in good order and condition and accepted the same for transportation on the steamship Seatrain Havana, and agreed to transport the same, from Belle Chasse, La., to New York, there to be delivered in like good order and condition as when received, to American Molasses Company of New York, the libelant in the second above-entitled suit, to whom said goods were consigned, in consideration of the agreement that the usual freight rates for the transportation of such goods between such places be paid to said respondent, collect upon arrival of the said goods at destination, and the said respondent thereupon issued two bills of lading, one for 1,542 barrels of molasses, and the other for 416 barrels of molasses, in each of which bills of lading the receipt of the goods therein referred to was acknowledged in apparent good order, and the said respondent agreed to carry the same as aforesaid. The said barrels of molasses were thereafter laden on the steamship Seatrain Havana, and the said steamship sailed for the port of New York.

 Certain of the aforesaid barrels of molasses were not delivered to the said libelant, American Molasses Company of New York in New York, in the like good order and condition in which the same were received by the said respondent, nor ...


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