United States v. Atlantic Mut. Ins. Co., 298 U.S. 483 (1936)
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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.
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
CERTIORARI TO THE COURT OF CLAIMS
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. 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. 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. 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. 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.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Atlantic Mut. Ins. Co., 298 U.S. 483 (1936) in 298 U.S. 483 298 U.S. 486. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=WD5KU461D3G23LE.
MLA: U.S. Supreme Court. "Syllabus." United States v. Atlantic Mut. Ins. Co., 298 U.S. 483 (1936), in 298 U.S. 483, page 298 U.S. 486. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WD5KU461D3G23LE.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Atlantic Mut. Ins. Co., 298 U.S. 483 (1936). cited in 1936, 298 U.S. 483, pp.298 U.S. 486. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=WD5KU461D3G23LE.
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