Legal Opinion
The Cabo Villano
Court of Appeals for the Second Circuit
Decided March 7, 1927No. 197PublishedCited by 9 opinions
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). It is now admitted that claimant must make libelant whole for the loss inflicted by the breach of the contract of carriage. To denounce the carrier’s act or omission as a conversion is probably accurate in terms of common law, but in the admiralty is only calling had names.
But the rules of law are the same in both jurisdictions, and are set forth in Scrutton, Bills of Lading, p. 439, and Carver (6th Ed.) § 721, viz.: “In the absence of special circumstances” or valid limitation, damages for nondelivery are “the market value of the goods” when and where they…
2Cases cited4 opinions
- St. Johns N. F. Shipping Corp. v. . S. A. Companhia Geral Commercial Do Rio De JaneiroSupreme Court of the United States · 1923
- The St. Johns N. F.Court of Appeals for the Second Circuit · 1922
- United States Willow Furniture Co. v. La Compagnie Générale TransatlantiqueCourt of Appeals for the Second Circuit · 1921
- Downing v. OuterbridgeCourt of Appeals for the Second Circuit · 1897
3Cited by9 opinions
- Allied Chemical International Corp. v. Companhia De Navegacao Lloyd BrasileiroCourt of Appeals for the Second Circuit · 1985
- Mitsui & Co., Ltd. And Ataka & Co., Ltd., Plaintiffs-Appellants-Cross v. American Export Lines, Inc., Defendant-Appellee-Cross-Appellant. Armstrong Cork Canada, Ltd., and Armstrong Cork Company v. American Export Lines, Inc.Court of Appeals for the Second Circuit · 1981
- Mitsui & Co. v. American Export Lines, Inc.Court of Appeals for the Second Circuit · 1981
- Berisford Metals Corporation, Plaintiff-Appellant-Cross-Appellee v. S/s Salvador, Her Engines, Boilers, Etc., and A/s Ivarans Rederi, Cross-AppellantsCourt of Appeals for the Second Circuit · 1985
- Olivier Straw Goods Corporation v. Osaka Shosen KaishaCourt of Appeals for the Second Circuit · 1931
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