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AMERICAN TRADING CO. v. THE HARRY CULBREATH

95 F.Supp. 312 (1950)

AMERICAN TRADING CO., Inc., v. THE HARRY CULBREATH et al. BALFOUR, GUTHRIE & CO., Limited, v. THE HARRY CULBREATH et al.

United States District Court S. D. New York.

June 30, 1950.

Attorney(s) appearing for the Case

Stanley W. Schaefer, New York City, for American Trading Co., Inc.

Hill, Rivkins & Middleton, New York City, Joseph R. Cannata, New York City, of counsel, for Balfour, Guthrie & Co., Limited.

Irving H. Saypol, U. S. Atty., New York City, Tompkins, Boal & Tompkins, New York City, Arthur M. Boal, and James M. Fulton, New York City, of counsel, for United States of America, S. S. Harry Culbreath, Lykes Bros. S. S. Co. and Isthmian S. S. Co.

Alexander & Ash, New York City, Edward Ash and Sidney A. Schwartz, New York City, of counsel, for John W. McGrath Corp.

Haight, Deming, Gardner, Poor & Havens, New York City, John C. Moore and Tallman Bissell, New York City, of counsel, for Alcoa S. S. Co., Inc.

CLANCY, District Judge.

Libellants in this case complain of short deliveries. Despite the fact that the trial produced a minimum of credible testimony, the Court is convinced that the entire cargo of the ship was discharged. A quantity equivalent to 652 boxes was sold for the account of the ship's owner as unmerchantable. It would seem to follow that the rest of the shortage was due to a failure of delivery to the vessel...

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