Legal Opinion
Cudahy Packing Co. v. Munson S. S. Line
Court of Appeals for the Second Circuit
Decided December 12, 1927No. 64PublishedCited by 27 opinions
1Opinion of the CourtAugustus N. Hand, Circuit Judge
(after stating the facts as above). The first objection marie to a reliance upon the clause requiring written notice of claim as a eondi tion of liability for loss is that the failure to comply with it was not pleaded in the answer. It is true that the answer alleged that each through bill of lading was subject to all conditions in the ocean bill of lading, that these two bills of lading constituted the contract of carriage, and that the answer incorporated the .provisions of both. But the failure to give a written-notice of loss was nowhere alleged, and the defense was apparently based on…
2Cases cited45 opinions
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- St. Louis, Iron Mountain & Southern Railway Co. v. StarbirdSupreme Court of the United States · 1917
- The MajesticSupreme Court of the United States · 1897
- American Railway Express Co. v. LindenburgSupreme Court of the United States · 1923
40 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- E. Gerli & Co. v. Cunard S. S. Co.Court of Appeals for the Second Circuit · 1931
- Bank of California, N. A. v. International Mercantile Marine Co.Court of Appeals for the Second Circuit · 1933
- Quasar Co. v. Atchison, Topeka & Santa Fe Railway Co.District Court, N.D. Illinois · 1986
- The Jl LuckenbachCourt of Appeals for the Second Circuit · 1933
- The President PolkCourt of Appeals for the Second Circuit · 1930
22 more not listed; retrieve them via the Exa API.