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The Monrosa v. Carbon Black Export, Inc., 359 U.S. 180 (1959)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
The Monrosa v. Carbon Black Export, Inc., 359 U.S. 180 (1959)
The Monrosa v. Carbon Black Export, Inc. No. 178 Argued March 3-4, 1959 Decided March 30, 1959 359 U.S. 180
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Respondent, a Delaware corporation, brought a libel in admiralty in a Federal District Court in Texas for damage to a shipment of goods during an ocean voyage from Houston and New Orleans to various Italian ports. The libel was in rem against the ship, then in the port of Houston on another voyage, and in personam against its owner, an Italian corporation. After requiring a bond to secure whatever judgment might finally be rendered, the District Court declined jurisdiction on the ground that the parties had agreed by a provision in the bill of lading that controversies regarding cargo damage should be settled only in the courts of Genoa, Italy. The Court of Appeals reversed, finding the provision in the bill of lading inapplicable to libels in rem and declining to enforce its terms as to the libel in personam.
Held:
1. The bill of lading provision cannot be construed to include libels in rem, and, accordingly, the libel in rem was properly maintainable. Pp. 182-183.
2. This case does not afford an appropriate instance to pass upon the extent to which effect can be given to such stipulations in ocean bills of lading not to resort to the courts of this country, and the writ of certiorari is dismissed as improvidently granted. Pp. 183-184.
254 F.2d 297, writ of certiorari dismissed.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," The Monrosa v. Carbon Black Export, Inc., 359 U.S. 180 (1959) in 359 U.S. 180 359 U.S. 181. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=ALJEQS61NTUYLMX.
MLA: U.S. Supreme Court. "Syllabus." The Monrosa v. Carbon Black Export, Inc., 359 U.S. 180 (1959), in 359 U.S. 180, page 359 U.S. 181. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=ALJEQS61NTUYLMX.
Harvard: U.S. Supreme Court, 'Syllabus' in The Monrosa v. Carbon Black Export, Inc., 359 U.S. 180 (1959). cited in 1959, 359 U.S. 180, pp.359 U.S. 181. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=ALJEQS61NTUYLMX.
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