Monahos v. Navigazione Libera Triestina Societa Anonyme

SWAN, Circuit Judge.

These libels were brought for the recovery of damages to certain shipments of cheese carried on the appellant’s steamship- Carso on a voyage from Naples, Italy, to New York in 1926. The Monahos libel was in rem against the vessel and in personam against the carrier, an Italian corporation; the Romeo libel was a suit in personam only. In each suit a final decree has been entered from which the respondent appeals.

*825Before considering the merits, we must dispose of a motion to dismiss presented by the appellees in the Monahos appeal. The contention is that the decree appealed…