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Keywords

statutestatute of limitationsrespondent
statutestatute of limitationsrespondent

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Wood & Selick v. Compagnie Generale Transatlantique, 43 F.2d 941, 1930 A.M.C. 1545

Facts

Wood & Selick, Inc. and A. Salomon, Inc. filed libels against Compagnie Generale Transatlantique for damage to goods shipped under bills of lading issued in France. The bills contained a clause stipulating that disputes would be judged according to French law, which included a one-year limitation period for claims. The respondent argued that the claims were barred under French law because they were not filed within that one-year period, despite being timely under local law.

Wood & Selick, Inc. and A. Salomon, Inc. filed libels against Compagnie Generale Transatlantique for damage to goods shipped under bills of lading issued in France.

Issue

Whether the one-year limitation period under French law extinguished the libelants' claims despite the claims being filed within the time allowed by local law.

Whether the one-year limitation period under French law extinguished the libelants' claims despite the claims being filed within the time allowed by local law.

Rule

The court held that the statute of limitations of the forum generally controls, but a statute from the place where the right arose may impose a condition that must be observed elsewhere.

The court held that the statute of limitations of the forum generally controls, but a statute from the place where the right arose may impose a condition that must be observed elsewhere.

Analysis

The court analyzed the French law of prescription and determined that it did not extinguish the libelants' claims as the respondent had not sufficiently established that the French law imposed a condition that would bar the claims. The court noted that the French law allows for the possibility of waiving the defense of prescription, which aligns more closely with a statute barring the remedy rather than extinguishing the right itself.

The court analyzed the French law of prescription and determined that it did not extinguish the libelants' claims as the respondent had not sufficiently established that the French law imposed a condition that would bar the claims.

Conclusion

The court affirmed the lower court's decrees, allowing the libelants' claims to proceed under local law.

The court affirmed the lower court's decrees, allowing the libelants' claims to proceed under local law.

Who won?

Wood & Selick, Inc. and A. Salomon, Inc. prevailed because the court found that the claims were not barred by the French law of prescription, as the respondent failed to prove that the French law extinguished the obligations.

Wood & Selick, Inc. and A. Salomon, Inc. prevailed because the court found that the claims were not barred by the French law of prescription.

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