Pillsbury Flour Mills Co. v. Interlake S. S. Co.

HAZEL, District Judge.

A cargo of wheat in good condition was shipped on board the E. A. S. Clark on November 4, 1927, at Milwaukee, Wis. She sailed on November 5th, arriving at Buffalo on November 9th. The contract of carriage contained a provision that the grain consigned, upon payment of the freight, was to be delivered on out-turned weight. Coneededly the cargo was for winter storage; and, though the freighter encountered some heavy weather on her trip down, the stipulation of the parties avers that the grain, upon examination by insurance underwriters, was not pereeived to have been…