Legal Opinion

Portland Fish Company, a Corporation v. States Steamship Company, a Corporation

Court of Appeals for the Ninth Circuit

Decided December 24, 1974No. 73--1897PublishedCited by 37 opinions

1Opinion of the Court

OPINION

Before KOELSCH and KILKENNY, Circuit Judges, and McGOVERN, * District Judge. KOELSCH, Circuit Judge:

Pursuant to its agreement to purchase' frozen tuna from a seller in the Philippines, Portland Fish Company, the plaintiff, deposited an irrevocable letter of credit with a Manila bank, authorizing payment to seller of $562.50 per short ton of fish upon presentation of a bill of lading.

Thereafter, seller delivered some fish to States Steamship Company, the defendant (hereafter Carrier), for carriage and received from the latter its bill of lading. Carrier verified by piece count the…

2Cases cited15 opinions

  1. Robert C. Herd & Co. v. Krawill MacHinery Corp.Supreme Court of the United States · 1959
  2. Austin Nichols & Co. v. The Isla De Panay. Sanchez v. Same. E. Tolibia & Co. v. SameSupreme Court of the United States · 1925
  3. The Daido Line v. Thomas P. Gonzalez, CorporationCourt of Appeals for the Ninth Circuit · 1962
  4. Kupfermann v. United StatesCourt of Appeals for the Second Circuit · 1955
  5. George F. Pettinos, Inc. v. American Export Lines, Inc.District Court, E.D. Pennsylvania · 1947

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3Cited by37 opinions

  1. Heath v. American Express Travel Related Services Co. (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  2. Rein J. Vander Zee v. Kimon T. KarabatsosCourt of Appeals for the D.C. Circuit · 1979
  3. Westway Coffee Corporation v. M. v. Netuno, Her Engines, Boilers, Etc. And Appeal of Companhia De Navegacao Maritima NetumarCourt of Appeals for the Second Circuit · 1982
  4. G.F. Company v. Pan Ocean Shipping Co., Ltd., Aka, Panobulk America, Inc., and Pan Queen, Its Engines, Tackle, Apparel and Furniture Banque IndosuezCourt of Appeals for the Ninth Circuit · 1994
  5. Underwood Cotton Company, Inc. v. Hyundai Merchant Marine (America), Inc. Hyundai Merchant Marine Co., Ltd.Court of Appeals for the Ninth Circuit · 2002

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