Duche v. Brockelbank

INCH, District Judge.

Libelants bring this suit to recover damage to 7 bags of gum arabic injured by contact with sea water while on board respondent’s steamship on a voyage from Port Sudan, Africa, to New York. The steamship arrived March 26, 1926. The bags in question, with others, were delivered to libelant. A day or so after receipt of the goods libel-ant sent a letter (Libelant’s Exhibit 1) in which they call attention to the damage to these bags in their possession, and state that “it will be necessary for us to file a claim covering the value of same.”

A few days afterwards the…