Societa Anonima Agrumaria di Navigazione v. Angier
District Court, S.D. New York
The libel in the above case was filed to recover damages for refusal to deliver certain boxes of fruit forming part of the cargo of the steam-ship Tangier from Palermo to New York. The libelants on the thirteenth of March, 1884, chartered the steamer from the owners to take a cargo of fruit at the lump sum of .-€1,550, or about 17,500, the balance, after certain specified payments, to bo paid “on the true delivery of the cargo ” at Now York.
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The libel in the above case was filed to recover damages for refusal to deliver certain boxes of fruit forming part of the cargo of the steam-ship Tangier from Palermo to New York. The libelants on the thirteenth of March, 1884, chartered the steamer from the owners to take a cargo of fruit at the lump sum of .-€1,550, or about 17,500, the balance, after certain specified payments, to bo paid “on the true delivery of the cargo ” at Now York. A cargo was afterwards shipped on board, for which on April 2, 1884, a bill of lading was signed by the master, reciting the delivery of 23,731 packages.…
1Opinion of the CourtBrown, J.
The pleadings and the evidence sufficiently establish a shortage of 54 boxes of fruit. Upon a count of the boxes remaining on the wharf on May 3d, in addition to those already delivered, there were 54 less than the number called for by the bill of lading. The bill of lading, indeed, contained the stipulation that “no claim should be made for any loss arising from difference in marks, numbers, or contents,” and excepted the acts of “robbers, thieves,” etc. Under the latter clause, the burden of proof would fall, in the first instance, on the libelant to show some prima facie evidence of…
2Cases cited3 opinions
- The EddySupreme Court of the United States · 1867
- Brittan v. BarnabySupreme Court of the United States · 1859
- One Thousand Two Hundred & Sixty-Five Vitrified PipesU.S. Circuit Court for the District of Southern New York · 1877
3Cited by1 opinion
- Christie v. Davis Coal & Coke Co.District Court, S.D. New York · 1899