Legal Opinion
Hills Bros. v. United States
District Court, S.D. New York
Decided March 25, 1930PublishedCited by 2 opinions
1Opinion of the Court
WOOLSEY, District Judge.
The other exceptions having been withdrawn, my decision in this case is that the exception that the libel fails to state a cause of action in general average must be sustained, and as this is a test ease and by stipulation the parties have put all necessary documents in evidence, I dismiss the libel with costs.
The Hills Brothers Company, the libelant herein, was at the relevant times the owner of 650 skeletons of figs which were shipped aboard the steamship Casey, a common carrier, at Smyrna on September 10, 1922, to be carried to New York.
A bill of lading was issued…
2Cases cited5 opinions
- Spafford v. DodgeMassachusetts Supreme Judicial Court · 1817
- Brandyce v. United States Lloyds, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
- Bond v. The SuperbU.S. Circuit Court for the District of Eastern Pennsylvania · 1849
- Reliance Marine Ins. v. New York & C. Mail S. S. Co.Court of Appeals for the Second Circuit · 1896
- Reliance Marine Ins. v. New York & C. Mail Steamship Co.District Court, S.D. New York · 1895
3Cited by2 opinions
- Lanasa Fruit Steamship & Importing Co. v. Universal Ins.Court of Appeals for the Fourth Circuit · 1937
- The HerangerDistrict Court, N.D. California · 1937