Legal Opinion
Leo Hess International Corp. v. Isthmian Steamship Co.
Appellate Division of the Supreme Court of the State of New York
Decided February 25, 1958PublishedCited by 1 opinion
1Opinion of the CourtBkeitel, J.
A steamship carrier moved for summary judgment dismissing the complaint of a holder of a hill of lading (who sues for nondelivery), on the ground that the time limitation in which to sue, provided both in the applicable statute and in the bill of lading, bars the action. Special Term denied the motion and the carrier has appealed. The order should be affirmed, there being issues of fact which require resolution before the availability of the defense may be determined.
The Carriage of Goods by Sea Act (U. S. Code, tit. 46, § 1303, subd. [6]) provides with respect to time limitations: “ In any…
2Cases cited7 opinions
- Midstate Horticultural Co. v. Pennsylvania RailroadSupreme Court of the United States · 1943
- Southern Pacific R. Co. v. StewartSupreme Court of the United States · 1919
- WR Grace & Co. v. Panama R. Co.Court of Appeals for the Second Circuit · 1926
- Oelbermann v. Toyo Kisen Kabushiki KaishaCourt of Appeals for the Ninth Circuit · 1925
- M. & T. Trust Co. v. Export Steamship Corp.New York Court of Appeals · 1933
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Western Gear Corporation v. States Marine Lines, Inc.Court of Appeals for the Ninth Circuit · 1966