The plaintiff owned and operated a coastal vessel. In 1978 goods carried by the vessel were damaged in transit and as a result the owner of the goods sued the plaintiff and were awarded damages. The plaintiff claims that at the time of that shipment the defendant was the actual owner of the vessel and brought suit on the basis that the defendant indemnify the plaintiff for damages.
DECISION: Action dismissed.
HELD: The indemnity action by the plaintiff is time barred pursuant to the Sea-Carriage of Goods Act Art. III, r. 6 which provides that suit in respect of loss of or damage must be brought within one year after delivery of goods or when the goods should have been delivered. In the original proceeding the owner of the goods was granted default judgement against the plaintiff here. The 2d defendant in that case was the company that had been formed to buy the vessel. However at the time of the loss the present defendant was the actual owner of the vessel as the corporation had not yet been formed. The personal defendant should have, but was not added as a third party in the original action. Because there was no liability on the part of the defendant to the owner of the goods established within the time limitation period, the plaintiff cannot now seek indemnification outside of the time period. Indemnity may not awarded without the support of liability on the part of the indemnitor to the injured party.