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COMPANIA DE REMORQUE Y SALVAMENTO v. ESPERANCE, INC.

No. 60, Docket 21765.

187 F.2d 114 (1951)

COMPANIA DE REMORQUE Y SALVAMENTO, S. A., v. ESPERANCE, Inc. et al.

United States Court of Appeals Second Circuit.

Decided February 13, 1951.

Attorney(s) appearing for the Case

Lotterman & Tepper, New York City, Jacob Rassner, New York City, Louis A. Tepper, New York City, of counsel, for plaintiff-appellant.

Foley & Statt, New York City, Milton James, New York City, of counsel, for defendant-appellee, Esperance, Inc.

Engelman & Hart, New York City, Myron Engelman, Jack Hart, New York City, of counsel, for defendant-appellee, Seaboard Surety Co.

Before L. HAND, Chief Judge, and SWAN and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The inability of a tower to perform a towage contract completely and the settlement by its surety on a performance bond, without its acquiescence, of consequent claims have led to this controversy.

On November 7, 1947, Esperance, Inc., a New York corporation hired Compania De Remorque y Salvamento, S. A., a corporation organized under the laws of Panama, to tow certain vessels from Charleston...

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