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OLIVIER STRAW GOODS CORPORATION v. OSAKA SHOSEN KAISHA

42 F.2d 717 (1925)

OLIVIER STRAW GOODS CORPORATION v. OSAKA SHOSEN KAISHA.

District Court, S. D. New York.

May 1, 1925.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (Henry T. Hale, of New York City, of counsel), for libelant.

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for respondent.

KNOX, District Judge.

If the shipper of the goods, for the loss of which this libel was filed, knew or had reason to know, from prevailing custom, that the merchandise delivered to respondent for shipment might not go aboard the steamer Alaska Maru, or that it did not, contrary to the recitals of the bill of lading, actually go aboard, it is quite probable that such fact, as between shipper and carrier, would be a valid defense. If, upon the trial, the proof should...

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