PARTHENIA CORPORATION v. MORSE


41 F.2d 961 (1930)

PARTHENIA CORPORATION v. MORSE.

District Court, S. D. New York.

March 25, 1930.


Attorney(s) appearing for the Case

Cooper & Cooper, of New York City (Morris Cooper, Jr., of New York City, of counsel), for libelant.

Bigham, Englar, Jones & Houston, of New York City (Charles F. Quantrell, of New York City, of counsel), for respondent.


COXE, District Judge.

To construe Admiralty Rule 29 as narrowly as contended for by the respondent would so limit its application as to make it practically ineffective. The rule provides that when "the answer does not deny that the libelant is entitled to recover in respect of a part of the claim," and there is no "recoupment, offset or counterclaim," there may be "a final decree for any sum so admitted to be due."

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