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SAMINCORP v. S.S. RIVADELUNA

No. 1799.

277 F.Supp. 943 (1967)

SAMINCORP, South American Minerals and Merchandise Corporation, Libellant, v. S.S. RIVADELUNA, her engines, boilers, etc., and Angel Riva Suardiaz, her owner, Claimant-Respondent.

United States District Court D. Delaware.

December 29, 1967.

Attorney(s) appearing for the Case

Edmund D. Lyons, of Morris, James, Hitchens & Williams, Wilmington, Del., and John W. R. Zisgen, of Bigham, Englar, Jones & Houston, New York City, for libellant.

Ernest S. Wilson, Jr., of Wilson & Lynam, Wilmington, Del., and Raul Betancourt, Jr., and Richard W. Palmer, of Rawle & Henderson, Philadelphia, Pa., for claimant-respondent.

OPINION

STEEL, District Judge.

This Court has found that respondent Rivadeluna damaged libellant in the amount of $43,260.37, exclusive of interest. Libellant claims that the judgment should include interest at 6% from October 15, 1959, the date the vessel with its damaged cargo arrived in Wilmington, until the entry of the judgment.

The award of interest is discretionary, regardless of whether unliquidated...

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