Legal Opinion

Higgins v. Anglo-Algerian S. S. Co.

Court of Appeals for the Second Circuit

Decided February 13, 1918No. 139PublishedCited by 38 opinions

Appeal from the District Court of the United States for the Southern District of New York. Libel by William A. Higgins and another against the Anglo-Algerian Steamship Company, Limited. From a decree dismissing the libel (242 Fed. 568), libelants appeal.

1Opinion of the Court

WARD, Circuit Judge.

The libel alleged that Williams Hills, Jr., & Co. shipped November 8, 1911, on the steamer Armistan, then lying at Busreh, bound to New York, 3,000 cases of dates, receiving therefor a clean bill of lading reciting that they were apparently in good order and condition, of which William A. Higgins & Co., the libelants, became owners and holders in due course of trade, and that on arrival at New York 2,085 of the cases were found to be damaged by contact with water.

The answer denied that the cases were shipped in good order and condition, relied on exceptions in the bill of…

2Cases cited6 opinions

  1. The PersianaCourt of Appeals for the Second Circuit · 1911
  2. Electro-Dynamic Co. v. The ElectronDistrict Court, S.D. New York · 1891
  3. Williams v. Providence Washington Ins.District Court, S.D. New York · 1893
  4. Bradstreet v. HeranU.S. Circuit Court for the District of Southern New York · 1849
  5. Pew & Son v. LaughlinDistrict Court, E.D. Pennsylvania · 1880

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3Cited by38 opinions

  1. Jansson v. Swedish American LineCourt of Appeals for the First Circuit · 1950
  2. Jones v. the Flying ClipperDistrict Court, S.D. New York · 1953
  3. Fred I. Putnam and James A. Overman v. Harry C. Lower, John Kadlec, George S. Herning, Edgar L. Peecher, William E. Barquist and Norman L. BunkerCourt of Appeals for the Ninth Circuit · 1956
  4. Austin Nichols & Co. v. The Isla De Panay. Sanchez v. Same. E. Tolibia & Co. v. SameSupreme Court of the United States · 1925
  5. Berisford Metals Corporation, Plaintiff-Appellant-Cross-Appellee v. S/s Salvador, Her Engines, Boilers, Etc., and A/s Ivarans Rederi, Cross-AppellantsCourt of Appeals for the Second Circuit · 1985

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