Gulden v. Hijos De Jose Taya S. En C.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. Suit by Prank Gulden and others against Hijos de Jose Taya S. en C. From a decree for libelants (243 Fed. 780), respondent appeals.
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Appeal from the District Court of the United States for the Eastern District of New York. Suit by Prank Gulden and others against Hijos de Jose Taya S. en C. From a decree for libelants (243 Fed. 780), respondent appeals. Appeal from a decree in admiralty of the District Court for the Eastern District of New York (Chatfield, J., presiding), adjudging the defendants liable for injury to four hogsheads and two barrels of olives stowed upon the ship Asuarea, of which the respondents were the owners. The hogsheads and barrels, along with some 500 others, were shipped upon a vessel of the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). [ 1 ] The appellant’s first point is that the libelants have not shown that the cargo was shipped in good condition. The bill of lading recites that they were received “in apparent good order and condition,” and there is no qualification to this admission, except that the ship shall not be “responsible * * * for the contents of the parcels.” The appellant contends that under The Lyra (D. C.) 231 Fed. 250, and Vanderbilt v. Ocean S. S. Co., 215 Fed. 886, 132 C. C. A. 226, this qualification of the admission makes the libelants’ proof insufficient. We do not…
2Cases cited4 opinions
- Vanderbilt v. Ocean S. S. Co.Court of Appeals for the Second Circuit · 1914
- Henderson v. Three Hundred Tons of Iron OreU.S. Circuit Court for the District of Southern New York · 1889
- The LyraDistrict Court, N.D. California · 1916
- Allegro v. LeberDistrict Court, E.D. New York · 1882
3Cited by5 opinions
- The NorteDistrict Court, E.D. Pennsylvania · 1947
- Stirnimann v. The San DiegoDistrict Court, S.D. New York · 1944
- Bingham v. Osaka Shosen KaishaDistrict Court, S.D. New York · 1935
- American Trading Co. v. Peirce Bros.District Court, E.D. New York · 1928
- Kuhnhold v. Netherlands-American Steam Nav. Co.Court of Appeals for the Second Circuit · 1920