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THE TEXAS MARU

No. 302.

13 F.2d 538 (1926)

THE TEXAS MARU.

Circuit Court of Appeals, Second Circuit.

July 20, 1926.

Attorney(s) appearing for the Case

Van Doren, Conklin & McNevin, Peyton Randolph Harris, Alfred C. B. McNevin, and Louis O. Van Doren, all of New York City (Edward S. Bentley, of Lawrence, N. Y., of counsel), for appellants.

Hunt, Hill & Betts, of New York City (George C. Sprague and Edna F. Rapallo, both of New York City, of counsel), for appellee.

Before ROGERS, HAND, and MACK, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

The natural meaning of the clause, "on taking delivery," would be taking possession, and would only involve a conscious acceptance — some assumption of control or custody of the goods. But to construe the clause literally in that way might endanger its validity; that is, if it were applied without allowing the consignee some preliminary opportunity to examine. So long as such documents are not controlled...

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