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COMPAGNIE FRANCAISE DE NAVIGATION A VAPEUR v. BONNASSE

15 F.2d 203 (1926)

COMPAGNIE FRANCAISE DE NAVIGATION A VAPEUR v. BONNASSE et al.

District Court, S. D. New York.

July 21, 1926.

Attorney(s) appearing for the Case

Loomis & Ruebush, of New York City (Homer L. Loomis and Reginald B. Williams, both of New York City, of counsel), for libelant.

Bigham Englar & Jones, of New York City (D. Roger Englar, Oscar R. Houston, and Charles F. Quantrell, all of New York City, of counsel), for garnishee.

AUGUSTUS N. HAND, District Judge.

This is a motion by the garnishee under a process of foreign attachment to vacate the decree in favor of libelant. It may be that the time charterer as such is not liable for general average, but as the carrier who issued the bills of lading I think the charterer is in the position of a bailee of the cargo, who had a remedy against the vessel for cargo damage, including the right to recover...

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