Interchemie, Ltd. v. Eastern Express, Inc.

Plaintiff, a Swiss corporation, sues the defendant carrier for $1,014, the value of two drums of animal food destroyed while the shipment was in the care' and custody of the defendant. While not disputing responsibility for the loss, the defendant argues that the action must fail because no written notice of claim pursuant to section 2(b) of the uniform bill of lading was filed with it during a period of nine months after the loss.

After trial without jury and after a detailed study of the controlling authorities, I conclude that the defense must be sustained and judgment entered for the…