Cuneo Importing Co. v. American Importing & Transportation Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Uibel by the Cuneo Importing Company against the American Importing & Transportation Company, which by petition made Daniel Bacon a respondent. There was a decree in favor of libelant against the American Importing & Transportation Company, and in favor of the impleaded respondent (241 Fed. 421), and the Transportation Company appeals.
1Opinion of the Court
WARD, Circuit Judge.
July 2, 1915, the Cuneo Importing Company filed its libel as subcharterer from the American Importing & Transportation Company, charterer from' Daniel Bacon, managing owner of the steamer Banes, to recover damages to a cargo of fruit alleged to have been due to the unseaworthiness of the steamer.
The answer of the American Company denied any knowledge or information sufficient to form a belief as to the steamer’s seaworthiness. It also filed a petition under rule 59 of the Supreme Court in admiralty (29 Sup. Ct. xlvi) to bring in Daniel Bacon, who executed the charter to it…
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