MORAN TOWING & TRANSPORTATION CO., INC., ASSIGNEE OF TIME, INC., LIBELLANT-APPELLEE,
v.
CONNERS-STANDARD MARINE CORP., RESPONDENT-APPELLANT

2d Cir. | 1963-05-08
Nos. 355, Docket 28124
316 F.2d 811 United States Court of Appeals for the Second Circuit (1963)

Opinion of the Court
PER CURIAM.

PER CURIAM.

In this libel, filed in 1957, after a trial before Judge Murphy on the issue of liability, 189 F.Supp. 955, an appeal to this Court from the interlocutory decree, 285 F. 2d 368, 86 A.L.R.2d 1227, and proceedings before a commissioner to fix damages, appellant tug-owner has made what it regards as the discovery that the courts have lacked “jurisdiction” in admiralty from the outset because libel-ant tug-owner was suing on a claim for damages suffered by its tow which had been assigned to it. Apart from all other considerations, we find no support for the contention that admiralty will not entertain a suit by an assignee; the contrary sensible rule seems well-established. Cobb v. Howard, 5 Fed.Cas.No. 1133, No. 2924 (S.D.N.Y.1856); Henry Admiralty Jurisdiction and Procedure (1885), § 108; American Steel Barge Co. v. Chesapeake & Ohio Coal Agency Co., 115 F. 669, 673-674 (1 Cir. 1902); The Mandu, 102 F. 2d 459, 461-462 (2 Cir. 1939). We affirm the judgment in open court.


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