Kane v. American International Shipbuilding Corp.
Kane v. American International Shipbuilding Corp.
Opinion of the Court
Opinion by
The plaintiff was employed by the American International Shipbuilding Corporation of the State of Delaware. This suit is brought for the recovery of a balance of $578.10 for labor performed as a member of its fire department. The defendant in its affidavit of defense admits that it employed the plaintiff as a fireman in the fire department. It asserts that it has no other business than that relating to the assemblying and fabricating of steel ships at Hog Island; that its transactions are solely as agent for the United States Shipping Board Emergency Fleet Corporation which latter corporation is an agency, arm, branch, instrumentality and office of the government of the United States. The defendant concedes that the court below has jurisdiction over its. person but contends that the court had none over the subject-matter of the litigation. As the defendant is a corporation, we must start out with the proposition that it has the power to make contracts, and to be sued in its corporate name. We need not discuss the status of the United States Shipping Board Emergency Fleet Corporation in relation to the government and the effect of such relations on its liability to other parties. That has been done in Haines et al. v. Lone Star Shipbuilding Co., 268 Pa. 92; and in our own case of Sullivan v. Shipping Board, No. 186, October Term, 1920; see also United States v. Strange et al., U. S. Supreme Ct., advance opinions, page 174, January 3, 1921.
Our inquiry in this case is limited to the question whether the defendant has offered to produce any evidence which shows it is not liable upon the contract into
The contracts which the defendant referred to in its offer, are printed in its paper-book, and we find nothing in them to sustain its position. Two contracts existing at the time the plaintiff was employed, are shown, the one, between the American International Corporation, of New York, and the United States Shipping Board Emergency Fleet Corporation is dated September 13, 1917. The other, dated September 28,1917, between the American International Corporation, of New York, and the American International Shipbuilding Corporation, the defendant. The first standing alone being between corporations not parties to this suit would not be relevant, but assuming that defendant’s status is determined by the provisions of both contracts, we find nothing in either that militates against the power of the defendant to employ workmen and to engage to pay them. The contract of September 28, 1917, the only one to which the defendant is a party, is stated to be for the purpose of creating a convenient agency to carry out the contract of September 13th, and the defendant therein agrees to provide the necessary organization, hire the necessary employees and laborers, and in all respects to carry out the said contract. The defendant is to receive no profit, but is to be reimbursed all its expenses and disbursements, said sums to be paid on demand as required. The contract of September 13th, to which the defendant is not a party, but which by the agreement of September 28th, it engaged to carry out, is equally bare of any provisions which would free the defendant from plaintiff’s claim. The money to run the enterprise is to be furnished by the shipping board, but the International Corporation agrees to promptly pay all the labor and material. Assuming that the defendant takes the place of the International Corporation, there is nothing in the contract to show that the defendant should not deal directly with those furnishing materials and work, as in
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.