The Titania
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York. Appeal by claimant from a decree of the District Court for the Southern District of New York in favor of the libelants for $1,412.93 damages for failure to deliver 56 bales of hemp. The opinion of the District Court is reported in 124 Fed. 975.
1Opinion of the Court
COXE, Circuit Judge.
We agree with the District Judge in holding that, in the absence of any proof to the contrary, the bills of lading sufficiently establish the receipt of the bales in controversy on board the ship at Manila. These bills duly acknowledged the receipt in good order of 1,500 bales of hemp as numbered and marked on the margins “to be delivered in the like good order and condition at the aforesaid port of New York.” The libelants have never received the 56 bales which are in dispute in this action. The law applicable to such a situation is clearly stated by the Supreme Court in…
2Cases cited3 opinions
- The EddySupreme Court of the United States · 1867
- The Pietro G.District Court, S.D. New York · 1889
- The Ben AdamsDistrict Court, S.D. New York · 1868
3Cited by30 opinions
- Caterpillar Overseas, S.A., Libellant-Appellant v. S.S. Expeditor and American Export Lines, Inc.Court of Appeals for the Second Circuit · 1963
- David Crystal, Inc. v. Cunard Steam-Ship CompanyDistrict Court, S.D. New York · 1963
- Isthmian Steamship Company, a Corporation v. California Spray-Chemical Corporation, a CorporationCourt of Appeals for the Ninth Circuit · 1962
- Tan Hi v. United StatesDistrict Court, N.D. California · 1950
- American President Lines, Ltd. v. Federal Maritime Board (Now Federal Maritime Commission) and United States of AmericaCourt of Appeals for the D.C. Circuit · 1962
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