NEW ORLEANS — A Florida corporation is suing two shipping companies, alleging failure to return a deposit of more than $154,000 for an undelivered cargo of molasses.

MC Atlantic Inc. of Miami filed a complaint May 4 in U.S. District Court for the Eastern District of Louisiana against Cape Daly Shipping Co. LT and MT Cape Daly, alleging breach of a maritime contract, breach of charter and unjust enrichment.

According to the complaint, in February 2016, MC Atlantic entered into a voyage charter party agreement with the defendants to deliver 6,500 metric tons of molasses from Venezuela to Trinidad, and the plaintiff made the initial freight payment of $154,147.50. 

The suit says Trinidad government authorities placed a nationwide partial blockage on all molasses products, causing the defendants to cancel the charter. As of March 15, the defendant still had not returned the plaintiff's $154,147.50 freight deposit.

The plaintiff alleges the defendants wrongfully refused to return the freight deposit even though the subject charter was never fulfilled.

MC Atlantic seeks a trial by jury, judgment of no less than $154,147.50 and further interest, attorney fees, legal costs and other amounts as the law requires. It is represented by attorneys Andrew S. de Klerk, T. Patrick O’Leary and Brandon K. Thibodeaux of Frilot LLC in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-04164

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U.S. District Court for the Eastern District of Louisiana
500 Poydras Street
New Orleans, LA - 70113

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