Fleet Corp. v. Rosenberg Brothers - 276 U.S. 202 (1928)


U.S. Supreme Court

Fleet Corp. v. Rosenberg Brothers, 276 U.S. 202 (1928)

United States Shipping Board Emergency Fleet Corporation v.

Rosenberg Brothers & Company

Nos. 119, 120, 121

Argued December 6, 1927

Decided February 20, 1928

276 U.S. 202

Syllabus

1. The Suits in Admiralty Act was intended to furnish the exclusive remedy in admiralty against the United States and corporations, such as the Fleet Corporation, of which the United States or its representatives own the entire outstanding capital stock, on all maritime causes of action arising (since April 6, 1917) out of the possession or operation of merchant vessels. And nothing in its legislative history indicates a different purpose. P. 276 U. S. 212.

2. As the libels in these cases were not brought against the Fleet Corporation within the period prescribed by § 5, they were barred. P. 276 U. S. 214.

3. The statute of limitations having been sufficiently pleaded in exceptions to the libels, it was not necessary to plead it in the answers. P. 276 U. S. 214.

4. Whether, in addition to furnishing an exclusive remedy in admiralty, the Act also prevents resort to any concurrent remedies against the United States or the corporation on like causes of action in the Court of Claims or in courts of law is a question not presented by these cases, and upon which no opinion is expressed. P. 276 U. S. 214.

12 F.2d 721 reversed.

Certiorari, 273 U.S. 682-683, to decrees in admiralty rendered by the circuit court of appeals reversing decrees of the district court, 295 Fed. 372; 7 F.2d 893, in three consolidated cases in admiralty by libels in personam, brought against the Fleet Corporation by the present respondents to recover the value of goods shipped

Page 276 U. S. 203

by them on a vessel owned by the United States and operated by the Corporation, which was wrecked and lost after a alleged deviation from the agreed voyage.

Page 276 U. S. 208



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