INSTITUTO CUBANO DE ESTAB., ETC. v. THE SS THEOTOKOS


155 F.Supp. 945 (1957)

INSTITUTO CUBANO DE ESTABILIZACION DEL AZUCAR, Libelant, v. THE SS THEOTOKOS, her engines, etc. and Transocean Oil Corporation and Transworld Marine Transport Corporation, Respondents.

United States District Court S. D. New York.

October 24, 1957.


Attorney(s) appearing for the Case

Thacher, Proffitt, Prizer, Crawley & Wood, New York City, for libelant John J. Leibell, New York City, of counsel.

Kirlin, Campbell & Keating, New York City, for respondents. Walter P. Hickey, New York City, of counsel.


DAWSON, District Judge.

This case involves the question of law as to whether a person who signs a charter party as "agent for the owner of the ship" is liable on the charter party as agent for an undisclosed principal by reason of the fact that the owner of the ship was not named in the charter party.

The case comes up as a result of a motion which was made in the action to direct the respondent Transworld Marine Transport Corporation to proceed to arbitration...

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