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JOHNSON & HIGGINS v. CHARLES F. GARRIGUES CO.

22 F.2d 454 (1927)

JOHNSON & HIGGINS v. CHARLES F. GARRIGUES CO. et al.

District Court, S. D. New York.

August 17, 1927.

Attorney(s) appearing for the Case

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

Rumsey & Morgan, of New York City (Mark W. Maclay and John Tilney Carpenter, both of New York City, of counsel), for respondents.

KNOX, District Judge.

While the contract for the purchase of the goods moving to Hercules Powder Company possesses some of the characteristics of a true c. i. f. contract, the clause which reads: "Terms of Payment. Net cash against Norwegian shipping documents in New York on arrival of the goods" — would seem to remove it from that category. I mean that the contract could not have been executed by a delivery of documents by vendor to vendee at any time prior...

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