CUBAN ATL. SUGAR SALES CORP. v. MARINE MID. TRUST CO.

Ad. No. 194-218.

207 F.Supp. 403 (1962)

CUBAN ATLANTIC SUGAR SALES CORPORATION, Libelant, v. The MARINE MIDLAND TRUST COMPANY OF NEW YORK and Ocean Trading Corporation, Respondents.

United States District Court S. D. New York.

August 1, 1962.


Attorney(s) appearing for the Case

Kirlin, Campbell & Keating, New York City, for libelant, Clement C. Rinehart, Walter P. Hickey, New York City, of counsel.

Sullivan & Cromwell, New York City, for respondent, Marine Midland Trust Co. of New York, Edward C. Stebbins, Jr., New York City, of counsel.


WEINFELD, District Judge.

The libelant seeks to recover $84,247.56 which it paid to the respondent The Marine Midland Trust Company as assignee of respondent Ocean Trading Corporation.

The payment represented prepaid freight charges for transportation of a cargo of sugar from Cuba to Japan under a voyage charter party between libelant and Ocean Trading Corporation as time chartered owner of the s/s Aspromonte. Marine Midland concedes that the freight money...

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