From Casetext: Smarter Legal Research

Frechoux v. Lykes Bros. S.S. Co., Inc.

United States District Court, S.D. New York
Oct 17, 1953
118 F. Supp. 234 (S.D.N.Y. 1953)

Opinion

October 17, 1953.

Herman E. Cooper, New York City, for plaintiff.

Tompkins, Boal Tompkins, New York City, and Terriberry, Young, Rault Carroll, New Orleans, La. (Arthur M. Boal, New York City, of counsel), for defendant.


In this action for maintenance and cure and wages the defendant moves to transfer to the District Court of Louisiana pursuant to 28 U.S.C. § 1404(a). The parties have taken conflicting positions as to whether prejudice would result to plaintiff on the issue of the applicable statute of limitations in the event of transfer.

The action having been properly brought in this district, plaintiff should not be prejudiced by a transfer of the action. The motion is granted upon the condition that the defendant stipulate that the statute of limitations which the District Court of New York would apply were the action to remain here, shall be applied in the Louisiana District Court. Cf. Headrick v. Atchison, T. S.F. Ry., 10 Cir., 182 F.2d 305; Greve v. Gibraltar Enterprises, D.C., 85 F. Supp. 410; see also Kaufman, I.R., Judge, Observations on Transfers under Section 1404(a) of the New Judicial Code, 10 F.R.D. 595, 600-601. Settle order on notice.


Summaries of

Frechoux v. Lykes Bros. S.S. Co., Inc.

United States District Court, S.D. New York
Oct 17, 1953
118 F. Supp. 234 (S.D.N.Y. 1953)
Case details for

Frechoux v. Lykes Bros. S.S. Co., Inc.

Case Details

Full title:FRECHOUX v. LYKES BROS. S.S. CO., Inc

Court:United States District Court, S.D. New York

Date published: Oct 17, 1953

Citations

118 F. Supp. 234 (S.D.N.Y. 1953)

Citing Cases

H.L. Green Company v. MacMahon

Although I agree with the majority that most assuredly the New York statute of limitations should apply to…

King Bros. Productions, Inc. v. Rko Teleradio Pictures, Inc.

On the other, some transferor courts, by requiring, as a precautionary condition of transfer, that the…