HAMILTON v. UNITED STATES


24 F.2d 586 (1927)

HAMILTON et al. v. UNITED STATES et al. THE EASTERN TEMPEST.

District Court, S. D. New York.

December 8, 1927.


Attorney(s) appearing for the Case

Burlingham, Veeder, Masten & Fearey, and William J. Dean, all of New York City, for libelants.

Charles H. Tuttle, William E. Collins, and Charles E. Wythe, all of New York City, for respondents.


BONDY, District Judge.

This suit was brought to recover for the damage to apples shipped at New York, September 23, 1922, on the steamship Eastern Tempest, for transportation to Hull, England.

The bill of lading provided for the transportation of apples received in apparent good order "by the steamship Eastern Tempest, now lying at the port of New York and bound for the port of Hull, or following or subsequent steamer, with liberty, in addition to any liberty...

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