United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Atlantic Mut. Ins. Co., 298 U.S. 483 (1936)

United States v. Atlantic Mutual Insurance Co.

No. 21

Argued October 18, 1935

Decided May 25, 1936

298 U.S. 483

Syllabus

1. A claim of contribution in general average presented against the United States by suit in the Court of Claims filed more than six years after the claim first accrued, is barred by U.S.C. Title 28, § 262. P. 488.

2. The right to contribution in general average accrues when all the elements essential to its existence are present, regardless of whether the appropriate means of enforcement be a suit in rem or a suit in personam. P. 298 U. S. 488.

3. The right to contribution in general average accrues and becomes enforceable upon the arrival of the ship at port of destination and delivery of the cargo, even though the amount of the required contribution has not then been liquidated. P. 298 U. S. 489.

4. Claims against the United States for general average contribution are brought and adjusted in the Court of Claims under U.S.C. Title 28, § 250(1). The claim may accrue and be sued on even though the damages sought be unliquidated. P. 298 U. S. 490.

5. An adjuster, engaged by a shipowner to make up a general average statement, is not an arbitrator, nor is his statement binding, as an account stated or otherwise, upon his principal. P. 298 U. S. 491.

80 Ct.Cls. 11 reversed.

Certiorari, 295 U.S. 727, to review a judgment for the Insurance Company upon its claim in general average contribution against the United States.

Page 298 U. S. 486