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STROHMEYER & ARPE CO. v. AMERICAN LINE S. S. CORP.

19 F.Supp. 188 (1937)

STROHMEYER & ARPE CO. v. AMERICAN LINE S. S. CORPORATION et al.

District Court, S. D. New York.

January 25, 1937.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Ezra G. Benedict Fox, of New York City, of counsel), for libelant.

Burlingham, Veeder, Clark & Hupper, of New York City (John L. Galey and Norman M. Barron, both of New York City, of counsel), for respondents.

COXE, District Judge.

When this case was before the trial judge, it was shown conclusively that the missing packages had never been actually delivered to, or received by, the respondents. It was readily apparent, therefore, that the respondents could not be held liable for refusing to deliver what they had not received. Missouri Pac. R. Co. v. McFadden, 154 U.S. 155, 14 S.Ct. 990, 38 L.Ed. 944. And the judge made it perfectly clear...

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