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S. A. GERRARD CO. OF NEW YORK v. THE PRINCE LINE

1 F.Supp. 123 (1932)

S. A. GERRARD CO. OF NEW YORK, Inc., v. THE PRINCE LINE.

District Court, S. D. New York.

April 12, 1932.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (James N. Senecal, of New York City, of counsel), for libelants.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Charles R. Hickox, L. De Grove Potter, and Michael F. Whalen, all of New York City, of counsel), for respondent.

KNOX, District Judge.

This is a cargo damage suit, and the libel sets out two alleged causes of action. In the first, the averment is that libelant made certain shipments of pears on one of respondent's vessels and that the merchandise was to be carried "in accordance with the valid terms of certain bills of lading issued by the duly authorized agent of the said respondent." It is also said that the merchandise was in good order and condition when delivered on board...

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