T. M. Duche & Sons v. Mediterraneo
District Court, E.D. New York
1Opinion of the Court
MOSCOWITZ, District Judge.
This libel is for an alleged failure to deliver in good condition 250 cases of shelled walnuts claimed to have been shipped in good order and condition on or about February 19, 1925, on the S. S: Yalperga, and claimed to have been delivered in New York badly damaged by water or other foreign substance.
The bill of lading contained the following provision, among others: “The carrier shall not be liable for any claim for loss or damage, * * * unless notice of such claim is given before removal of goods from carrier’s custody and control.”
The S. S. Yalperga arrived in…
2Cases cited7 opinions
- The PersianaCourt of Appeals for the Second Circuit · 1911
- Anchor Line (Henderson Bros.), Ltd. v. JacksonCourt of Appeals for the Second Circuit · 1925
- The St. HubertCourt of Appeals for the Third Circuit · 1901
- The San GuglielmoCourt of Appeals for the Second Circuit · 1918
- Mercantile Bank of Americas, Inc. v. Panama RailroadCourt of Appeals for the Second Circuit · 1924
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3Cited by4 opinions
- The West ArrowCourt of Appeals for the Second Circuit · 1936
- Nieto v. the S.S. TinnumDistrict Court, S.D. New York · 1958
- Muir v. American Diamond Lines, Inc.District Court, E.D. New York · 1935
- Delaware Steel Co. v. Calmar Steamship Corp.District Court, E.D. Pennsylvania · 1966