M. & T. Trust Co. v. Export Steamship Corp.

The main question to be determined upon the trial of this action is “ whether, in the event of a misdelivery of merchandise at a non-adjacent foreign destination, the shipper is relieved from the obligations of the bill of lading to give notice of loss, damage or delay and commence suit within the respective times therein provided.”

At the close of the trial both counsel moved for a direction of a verdict. There were no disputed questions of material facts and the court now renders its decision upon the issues of law presented upon the trial.

The undisputed facts established upon the trial and…