GREEN STAR S. S. CO. v. NANYANG BROS. TOBACCO CO.

No. 4319.

3 F.2d 369 (1925)

GREEN STAR S. S. CO. v. NANYANG BROS. TOBACCO CO., Limited.

Circuit Court of Appeals, Ninth Circuit.

January 5, 1925.


Attorney(s) appearing for the Case

Farnham P. Griffiths and McCutcheon, Olney, Mannon & Greene, all of San Francisco, Cal., Davies & Bryan, of Shanghai, China, and William E. Collins, of New York City, for plaintiff in error.

Warren Gregory, Allen L. Chickering, Evan Williams, and Donald Y. Lamont, all of San Francisco, Cal., and Schuhl & Schoenfeld, of Shanghai, China, for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


GILBERT, Circuit Judge.

The defendant in error, as plaintiff, recovered a judgment in the court below against the steamship company for damages to a cargo of tobacco shipped to Shanghai on one of the latter's vessels. The parties will be named herein plaintiff and defendant as in the trial court. There was a stipulation between the parties that unless the action were barred by a limitation clause in the bills of lading the plaintiff should recover from the defendant...

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