Pope & Talbot, a Corporation v. Matson Navigation Company, a Corporation

Appellant, Pope & Talbot, Inc., brought this proceeding in admiralty seeking indemnity. It is the owner of a ship which it chartered to appellee, Matson Navigation Company. Matson used the vessel to carry a cargo of bulk sugar for California & Hawaii Sugar Refining Corporation, Ltd., (C&H)’from the Hawaiian Islands to Galveston, Texas. Part of the sugar was damaged in transit and C&H made claim against both Pope & Talbot and Matson for $78,058.23. This claim was ultimately settled for a total of $65,000, of which Pope & Talbot paid $63,000 and Matson paid $2,000. It was agreed between them that these payments were without prejudice to the right of either to seek contribution from the other. Pope & Talbot then brought this action to obtain a contribution from Matson and Matson cross claimed against Pope & Talbot for the $2,000 that it had advanced. The trial court denied relief to either party, and Pope & Talbot appeals.

In the trial court the parties filed a stipulation of facts. This stipulation states, among other things, that “[t]he amount of loss and damage sustained by [C&H], computed * * * in accordance with usual rules applicable to the calculation of loss and damage to…