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CUBAN ATL. SUGAR S. CORP. v. MARINE MID. TR. CO. OF N.Y.

169 F.Supp. 806 (1959)

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

United States District Court S. D. New York.

January 27, 1959.

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. Jerome Gotkin, New York City, of counsel.

Richard Steel, New York City, for respondent Ocean Trading Corp.

FREDERICK van PELT BRYAN, District Judge.

Libelant sues in admiralty to recover $84,247.56 paid to respondent The Marine Midland Trust Company as assignee of respondent Ocean Trading Corporation.

These monies were paid as prepaid freight under a written charter party between libelant and Ocean Trading as time chartered owner of the S. S. Aspromonte for the transportation of a cargo of sugar from Cuba to Japan. Ocean Trading assigned all proceeds of the charter...

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