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ISTHMIAN STEAMSHIP COMPANY v. UNITED STATES

No. 283-54.

130 F.Supp. 336 (1955)

ISTHMIAN STEAMSHIP COMPANY v. The UNITED STATES.

United States Court of Claims.

April 5, 1955.

Attorney(s) appearing for the Case

J. Franklin Fort, Washington, D. C., for plaintiff. Robert V. Faragher New York City, and Radner, Zito, Kominers & Fort, Washington, D. C., were on the briefs.

Leavenworth Colby, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant. Hubert H. Margolies, Washington, D. C., was on the brief.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and LARAMORE, Judges.

WHITAKER, Judge.

Plaintiff's suit is for freight money for the carriage of cargo by a merchant vessel. As such it is a maritime claim, of which the admiralty courts have exclusive jurisdiction. But plaintiff says that since the defendant admits it owes the money, the suit is transformed from a maritime claim into a common law one as for money had and received by defendant for plaintiff's use, or on an account stated.

It cannot be an action on an account stated...

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