Sidney Blumenthal & Co. v. United States

HUTCHESON, District Judge.

From the pleadings, the evidence, and the stipulation- of the parties, it appears plain that there -was a deviation, and that respondent thereby: became liable for the full value of the cargo, and must be adjudged to pay it, unless clause 8 of the bill of lading, providing that no suit shall be commenced after six months from the delivery of the goods to the consignee, or after nine months froin tho receipt by the carrier, operates to defeat the Suit, it riot having been brought within that period.

Libelant asserts that deviation abrogates the contract, and that none…