Legal Opinion

Hellyer v. Nippon Yesen Kaisya

District Court, S.D. New York

Decided March 31, 1955PublishedCited by 15 opinions

1Opinion of the Court

WEINFELD, District Judge.

This libel was filed by libellants, citizens of Illinois, against the respondent, a Japanese corporation, more than 12 years after the non-delivery of a cargo of tea which had been received by respondent at Shimizu, Japan, for transportation and delivery to San Francisco, California. The respondent filed exceptions and exceptive allegations which set up four defenses: (1) time bar under the one-year limitation of the Carriage of Goods by Sea Act; 1 (2) discharge in bankruptcy of respondent granted by the United States District Court for the Northern District of…

2Cases cited11 opinions

  1. Jones v. the Flying ClipperDistrict Court, S.D. New York · 1953
  2. Kane v. Union of Soviet Socialist RepublicsCourt of Appeals for the Third Circuit · 1951
  3. Redman v. United StatesCourt of Appeals for the Second Circuit · 1949
  4. The SydfoldCourt of Appeals for the Second Circuit · 1936
  5. Bank of California, N. A. v. International Mercantile Marine Co.Court of Appeals for the Second Circuit · 1933

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3Cited by15 opinions

  1. B.M.A. Industries, Ltd., Plaintiff-Appellant-Cross-Appellee v. Nigerian Star Line, Ltd., Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1986
  2. Italia Di Navigazione, S.P.A. v. M v. Hermes I, Her Engines, Boilers, Tackle, Etc. And Hermes Shipping K.K., A/K/A Hermes Shipping Co., Ltd.Court of Appeals for the Second Circuit · 1983
  3. C.A. Articulos Nacionales De Goma Gomaven v. M/v Aragua, Her Engines, Tackle, Apparel, Furniture, Etc., in RemCourt of Appeals for the Fifth Circuit · 1985
  4. Francosteel Corp. v. N. v. Nederlandsch AmerikaanscheCalifornia Court of Appeal · 1967
  5. Hill Construction Corp. v. American Airlines, Inc.Court of Appeals for the First Circuit · 1993

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