United Fruit Company v. J. A. Folger & Company
Court of Appeals for the Fifth Circuit
Hutcheson, Circuit Judge, dissented.
1Opinion of the Court
WISDOM, Circuit Judge.
The question for decision, although narrow, is of considerable importance to the shipping industry. We are asked to decide the effect of a carrier granting a shipper an extension of sixty days, within which to sue on a cargo claim, beyond the one-year limitation period provided in the Carriage of Goods By Sea Act.
The case was tried on a stipulation of facts. The district court held that the carrier had waived the statutory one-year limitation for suit, although the libel was filed after expiration of the extension period. A majority of the Court holds that the judgment…
2Cases cited6 opinions
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
- Bank of Jonesboro v. CarnesSupreme Court of Georgia · 1939
- Noel v. BaskinDistrict Court, District of Columbia · 1942
- The ArgentinoDistrict Court, S.D. New York · 1939
- J. A. Campbell Co. v. Holsum Baking Co.Washington Supreme Court · 1942
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3Cited by20 opinions
- Ralph Nader v. Allegheny Airlines, Inc.Court of Appeals for the D.C. Circuit · 1975
- Monarch Industrial Corp. v. American Motorists InsuranceDistrict Court, S.D. New York · 1967
- Grace Lines, Inc. v. Central Gulf Steamship CorporationCourt of Appeals for the Fifth Circuit · 1970
- Francosteel Corporation v. SS Tien CheungDistrict Court, S.D. New York · 1973
- The United States of America, on Behalf of Its Agency, the Small Business Administration v. Louis RichardsonCourt of Appeals for the Third Circuit · 1989
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