Eppens, Smith Co. v. Silver Line, Ltd.

CAILLOUET, District Judge.

Five hundred and forty-one chests of tea, in apparent good order and condition, were received for carriage and delivery by respondent’s motorship Silverteak from Batavia, Java, to New York, where delivery was actually made on February 9, 1939; with nine chests found damaged by ship-sweat, as the stipulation of the parties, dated April 26, 1930, establishes.

Whilst the libel therein seeks to recover $250 as compensatory damages, paragraph 8 of such stipulation provides that proof as to the extent of the damage actually done to the tea shall await judicial determination…