Legal Opinion

New York & Cuba Mail S. S. Co. v. Maldonado & Co.

Court of Appeals for the Second Circuit

Decided May 13, 1915No. 235Published

Appeal_ from the District Court of the United States for the Southern District of New York. This cause comes here upon appeal from a decree in favor of libelant. The action was brought to recover for freight and advance charges on 2,507 bags of peas from a point in Mexico to New York City.

1Opinion of the Court

FACOMBE, Circuit Judge.

[1] A through bill of lading was signed by the first carrier, which specified carriage by water to the west coast terminal of the Tehuantepec National Railway, thence by rail (about 190 miles) to Puerto, Mexico, thence by connecting lines to New York. The last carrier, libelant, paid all prior charges and delivered the goods to defendant in New York. The contract was a single one for the entire service, for a lump sum payable in New York. Defendant contends that the District Court had no jurisdiction of the controversy, on the ground that it was not a maritime cause of…

2Cases cited2 opinions

  1. British & Foreign Marine Ins. Co. v. Southern Pac. Co.Court of Appeals for the Second Circuit · 1896
  2. Monteith v. Kirkpatrick.U.S. Circuit Court for the District of Southern New York · 1855

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