Hinkins Steamship Agency v. Freighters, Inc.

MEMORANDUM OPINION DENYING DEFENDANT’S MOTION TO DISMISS AND GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Defendant has filed a motion to dismiss alleging that the contract sued upon is not within the admiralty and maritime jurisdiction of the federal courts. ( 28 U.S.C. § 1333 ) The basis for this interpretation of the contract is that plaintiff, by the language of the complaint, describes itself as an agent for the performance of maritime services rather than a performer of such services itself. Defendant relies on Cory Brothers & Co. v. United States, 51 F.2d 1010 (2d Cir. 1931), which in turn discusses The Thames, 10 F. 848 (D.C.Cir. 1881), and Minturn v. Maynard, 58 U.S. (17 How.) 476, 15 L.Ed. 235 (1855). See also P.D. Marehessini & Co. v. Pacific Marine Corp., 227 F.Supp. 17 (S.D.N.Y.1964). From these cases, defendant draws a distinction between contracts for preliminary services leading to maritime contracts and maritime contracts themselves. The Thames involved, a shipping broker; Minium and Marehessini involved general, continuing agency agreements. Cory Brothers itself involved a contract employing the libelant as cargo agent at several ports. The Court indicated…