Legal Opinion
Goya Foods, Inc. v. S.S. Italica
District Court, S.D. New York
Decided April 13, 1983No. 78 Civ. 2912 (JEL)PublishedCited by 18 opinions
1Opinion of the Court
OPINION
LUMBARD, Circuit Judge: *
Plaintiff Goya Foods, Inc., was the purchaser and consignee of 12,088 cartons of pimientos shipped from Spain to New York in the winter of 1976-77 aboard two vessels owned and operated by the defendant, Italia S.p.A. di Navigazione (Italia Lines). Soon after Goya took possession of the cargo in New York, it became apparent that some of the pimientos had been damaged and had begun to decompose. Goya eventually destroyed all of the pimientos as unfit for human consumption. Goya attributes the decomposition of the pimientos to freezing damage, and claims that the…
2Cases cited26 opinions
- Caemint Food, Inc. v. Lloyd Brasileiro, Companhia De NavegacaoCourt of Appeals for the Second Circuit · 1981
- Vana Trading Co. v. S.S. METTE SKOUCourt of Appeals for the Second Circuit · 1977
- Hostetter v. ParkSupreme Court of the United States · 1890
- Caterpillar Overseas, S.A., Libellant-Appellant v. S.S. Expeditor and American Export Lines, Inc.Court of Appeals for the Second Circuit · 1963
- Marion Davis v. Marathon Oil CompanyCourt of Appeals for the Sixth Circuit · 1976
21 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Philip Morris v. American Shipping Co.Court of Appeals for the Eleventh Circuit · 1984
- English Electric Valve Co. v. M/V Hoegh MallardCourt of Appeals for the Second Circuit · 1987
- M. Prusman Ltd. v. M/V NATHANELDistrict Court, S.D. New York · 1987
- Perugina Chocolates & Confections, Inc. v. S/S Ro Ro GenovaDistrict Court, S.D. New York · 1986
- Sogem-Afrimet, Inc. v. M/V IKAN SELAYANGDistrict Court, S.D. New York · 1996
13 more not listed; retrieve them via the Exa API.