Thomas Jordan, Inc. v. McMillan Welding & Machine Works
Thomas Jordan, Inc. v. McMillan Welding & Machine Works
Opinion of the Court
The Barge, TJ-68, owned by Thomas Jordan, Inc. (Jordan), was damaged while in tow of the Tug “CAPTAIN MARIE,” owned by General Towing Company (the Company) and under an alleged verbal charter to General Towing Corporation (the Corporation). Libelant, McMillan Welding & Machine Works (McMillan) was engaged to make emergency repairs. The TJ-68 was under written charter to Jack Neilson, Inc. McMillan submitted its bill to the Company. Failing to secure payment, McMillan filed suit against Jordan, which in turn entered the suit as claimant of the TJ-68, impleaded Neilson under its charter indemnity and sought judgment over against Neilson and the Company. McMillan’s claim against the Company, the Corporation, as charterer of the Tug, and Jordan was in personam; against the TJ-68 in rem. Neilson asserted laches as an affirmative defense to the claims of McMillan and Jordan.
The repairs were duly authorized under the circumstances and were obviously
Affirmed.
Reference
- Full Case Name
- THOMAS JORDAN, INCORPORATED, Appellant-Appellee v. McMILLAN WELDING & MACHINE WORKS, Appellee-Appellant JACK NEILSON, INC. v. THOMAS JORDAN, INC., & Owner of the BARGE TJ-68, Appellee-Appellant McMILLAN WELDING & MACHINE WORKS, Appellant-Appellee v. GENERAL TOWING COMPANY and the individual partners thereof and BARGE TJ-248, its tackle, apparel, furniture, etc.
- Cited By
- 1 case
- Status
- Published