The Vallescura
District Court, S.D. New York
1Opinion of the CourtThacher, District Judge
(after stating the facts as above).
Noneomplianee with the notice of claim clause is relied on in defense. The cargo of onions was completely discharged not later than Tuesday, December 8, 1925. Written notice of claim was given December 12,1925, obviously too late, but notice of claim was given by telephone to the ship’s agents on the day when the discharge began, and by one *248of the libelants in person a day or two later, which was within forty-eight hours after the landing of the shipment. This was sufficient compliance.
The words, “shipped in apparent good order and condition,” “to be…
2Cases cited5 opinions
- The FolminaSupreme Court of the United States · 1909
- Pan-American Hide Co. v. Nippon Yusen (Kabushiki) KaishaDistrict Court, S.D. New York · 1921
- The BencleuchCourt of Appeals for the Second Circuit · 1925
- The FlorindaCourt of Appeals for the Second Circuit · 1929
- The BuckleighCourt of Appeals for the Second Circuit · 1929
3Cited by8 opinions
- Mamiye Bros. v. Barber Steamship Lines, Inc.District Court, S.D. New York · 1965
- Stirnimann v. the San DiegoCourt of Appeals for the Second Circuit · 1945
- The Jl LuckenbachCourt of Appeals for the Second Circuit · 1933
- California Victor Distributing Co. v. Luckenbach S. S. Co.District Court, S.D. New York · 1932
- The Niel MaerskDistrict Court, S.D. New York · 1936
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