THE CABO VILLANO

No. 197.

18 F.2d 220 (1927)

THE CABO VILLANO.

Circuit Court of Appeals, Second Circuit.

March 7, 1927.


Attorney(s) appearing for the Case

Barnes, McKenna & Halstead, of New York City (Bernard C. McKenna, of New York City, of counsel), for appellant.

Richards & Affeld, of New York City (Dickinson W. Richards and Joseph W. Zeller, both of New York City, of counsel), for appellee.

Before HOUGH, MANTON, and SWAN, Circuit Judges.


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

It is now admitted that claimant must make libelant whole for the loss inflicted by the breach of the contract of carriage. To denounce the carrier's act or omission as a conversion is probably accurate in terms of common law, but in the admiralty is only calling bad names.

But the rules of law are the same in both jurisdictions, and are set forth in Scrutton, Bills of Lading, p. 439, and Carver (6th...

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