SIDNEY BLUMENTHAL & CO. v. UNITED STATES


21 F.2d 798 (1927)

SIDNEY BLUMENTHAL & CO., Inc., v. UNITED STATES.

District Court, S. D. New York.

October 3, 1927.


Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (Henry N. Longley, of New York City, of counsel), for libelant.

A. M. Menkel, Sp. Asst. U. S. Atty., of New York City.


HUTCHESON, District Judge.

From the pleadings, the evidence, and the stipulation of the parties, it appears plain that there was a deviation, and that respondent thereby became liable for the full value of the cargo, and must be adjudged to pay it, unless clause 8 of the bill of lading, providing that no suit shall be commenced after six months from the delivery of the goods to the consignee, or after nine months from the receipt by the carrier, operates to defeat...

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