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CHRISTMAN v. MARISTELLA COMPANIA NAVIERA

No. 65 Ad. 639.

293 F.Supp. 442 (1968)

George V. CHRISTMAN et al., Plaintiffs, v. MARISTELLA COMPANIA NAVIERA, Defendant and Third-Party Plaintiff, v. BOYD, WEIR & SEWELL, INC., Third-Party Defendant.

United States District Court S. D. New York.

November 26, 1968.

Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, for plaintiffs; Edward L. Smith and Walter P. Hickey, New York City, of counsel.

Healy & Baillie, New York City, for defendant and third-party plaintiff; N. J. Healy, Jr., New York City, of counsel.

Haight, Gardner, Poor & Havens, New York City, for third-party defendant; Wharton Poor and R. Glenn Bauer, New York City, of counsel.

OPINION

MacMAHON, District Judge.

This action involves an alleged breach of a charter party for the s/s ERETRIA. Defendant admits that its vessel never performed the voyage for plaintiff, but claims that the charter party, as written, does not reflect the terms of the actual agreement and that the charter party was signed by its agent, third-party defendant, without authority.

Defendant filed a third-party complaint seeking indemnity from its agent...

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