THE MALCOLM BAXTER, JR.


55 F.2d 312 (1921)

THE MALCOLM BAXTER, JR. FRENCH OVERSEAS CORPORATION v. REPUBLIC OF FRANCE et al.

District Court, S. D. New York.

October 6, 1921.


Attorney(s) appearing for the Case

Harrington, Bigham & Englar, of New York City (T. Catessby Jones and Vine H. Smith, both of New York City, of counsel), for petitioner.

Harry M. Zuckert and Rumsey & Morgan, all of New York City (Mark W. Maclay, of New York City), for Compagnie Franco-Indo-Chinoise and Engineering Timber Co.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Robert S. Erskine and Carleton L. Marsh, both of New York City, of counsel), for the French Republic.


KNOX, District Judge.

Petitioner was the owner of the wooden four-masted schooner Malcolm Baxter, Jr., which upon August 16, 1917, sailed from New Orleans for Bordeaux, France.

Claimants were the shippers of certain cargo loaded on board the vessel, and such shipments were carried under bills of lading which contained a clause reading as follows: "Also that freight prepaid will not be returned goods lost or not lost. Prepaid freight is to be considered as...

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