Kuhnhold v. Netherlands-American Steam Nav. Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. In Admiralty. Suit by William Kuhnhold against the Deutsch-Aus-tralische Dampschiffahrts Gesellschaft and the Netherlands-American Steam Navigation Company. Decree for libelant against the Netherlands Company, and it appeals.
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Appeal from the District Court of the United States for the Southern District of New York. In Admiralty. Suit by William Kuhnhold against the Deutsch-Aus-tralische Dampschiffahrts Gesellschaft and the Netherlands-American Steam Navigation Company. Decree for libelant against the Netherlands Company, and it appeals. This suit, for injury to cargo consigned to libelant, was begun in 1916, against not only the present appellant, but the Deutseh-Australisehe Damp-schiff Gesellschaft (hereafter called the German Line). It alleged the delivery to both respondents of certain goatskins at Marseilles,…
1Opinion of the CourtHough, Circuit Judge
(after stating tlie facts as above). [1] It is quite likely true that this bill of lading was issued by mistake, fraud, or ignorance. But such speculation is immaterial, for the Netherlands Company has always admitted that it carried the skins thereunder from Rotterdam to Philadelphia, and it is apparent that no other shipping document exists covering transportation from Marseilles to Rotterdam.
There is no plea or proof of fraud, and the most favorable view of tlie matter for appellant is to regard the bill as if it were what it ought to have been, and was perhaps ignorantly intended to be —…
2Cases cited3 opinions
- The Gazelle and CargoSupreme Court of the United States · 1888
- Moore v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1899
- Gulden v. Hijos De Jose Taya S. En C.Court of Appeals for the Second Circuit · 1918
3Cited by1 opinion
- The Commercial GuideDistrict Court, E.D. New York · 1928