Toho Bussan Kaisha, Limited v. American President Lines, Limited

LUMBARD, Circuit Judge.

This is an appeal from an order of the District Court for the Southern District of New York, by Dimock, J., dismissing plaintiff’s action at the close of its case for failure to prove damages in an action for fraud and previous orders by Walsh, J., denying plaintiff’s applications for summary judgment.

The principal question is whether the plaintiff in this fraud action may recover the $74,438.30 it advanced in reliance on defendant’s fraudulently issued bills of lading which represented that certain newsprint was on board its vessel on a certain date when in fact it was…