Pato Mines (Colombia), Ltd. v. Clyde S. S. Co.

S.D. Florida

Pato Mines (Colombia), Ltd. v. Clyde S. S. Co.

291 F. 378, 1923 U.S. Dist. LEXIS 1407, 1923 A.M.C. 1230

CourtDistrict Court, S.D. Florida

DecidedJune 28, 1923

DocketNo. 1775

StatusPublished

This text of 291 F. 378 (Pato Mines (Colombia), Ltd. v. Clyde S. S. Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pato Mines (Colombia), Ltd. v. Clyde S. S. Co., 291 F. 378, 1923 U.S. Dist. LEXIS 1407, 1923 A.M.C. 1230 (S.D. Fla. 1923).

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Opinion

CALL, District Judge.

It appears to me that the libel states a cause of action in admiralty. The party making the shipment brings the suit, alleging the placing on board, the payment of the freight money, and the failure of the defendant to make delivery to the consignee. This is a sufficient statement to put the respondent to its defense. I do not find that the law requires a copy of the bill of lading to be attached to and made a part of the libel, but it is sufficient if the libel states the legal effect of'the contract between the parties, and this I think is sufficiently done in the instant case.

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CALL, District Judge.

It appears to me that the libel states a cause of action in admiralty. The party making the shipment brings the suit, alleging the placing on board, the payment of the freight money, and the failure of the defendant to make delivery to the consignee. This is a sufficient statement to put the respondent to its defense. I do not find that the law requires a copy of the bill of lading to be attached to and made a part of the libel, but it is sufficient if the libel states the legal effect of'the contract between the parties, and this I think is sufficiently done in the instant case.

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Bluebook (online)

291 F. 378, 1923 U.S. Dist. LEXIS 1407, 1923 A.M.C. 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pato-mines-colombia-ltd-v-clyde-s-s-co-flsd-1923.