Gillespie & Co. of New York, Inc. v. Continental Insurance

This action is brought by the consignee of a certain shipment of walnuts to recover damages, caused by insect infestation, from the marine insurer, defendant Continental Insurance Company, whose certificate of insurance was assigned to the plaintiff, and also from the ocean carrier, defendant A/g Atlas.

These walnuts, after being gathered in the fall of 1954, were placed in various warehouses and shelled, and it was at one of these that the shipper, in March of 1955, made his selection of grades and sizes. It was at a warehouse in Toyserkan, Iran, one of the three centers for this product,…