Austin, Nichols & Co., Inc. v. Cunard Steamship Limited

MEMORANDUM AND ORDER

EDELSTEIN, Chief Judge:

This is an action to recover damages for failure to deliver cargo shipped on board the S.S. Angantyr, which arrived in New York from Glasgow, Scotland in September, 1968. Plaintiff Austin, Nichols filed formal claims for the shortage with defendant-carrier in November and December of 1968. After failing to receive payment on its claims, plaintiff filed suit in this Court on January 11, 1971. In March, 1973 defendant moved for summary judgment on the ground that the suit is time-barred because it was not commenced within one year after the goods were…