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CUDAHY PACKING CO. v. MUNSON S. S. LINE

No. 64.

22 F.2d 898 (1927)

CUDAHY PACKING CO. v. MUNSON S. S. LINE.

Circuit Court of Appeals, Second Circuit.

December 12, 1927.

Attorney(s) appearing for the Case

Gilbert H. Montague, of New York City (Joseph W. Goodwin, of New York City, and Thomas Creigh, of Chicago, Ill., of counsel), for plaintiff in error.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Cletus Keating and Staunton Williams, both of New York City, of counsel), for defendant in error.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

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

The first objection made to a reliance upon the clause requiring written notice of claim as a condition of liability for loss is that the failure to comply with it was not pleaded in the answer. It is true that the answer alleged that each through bill of lading was subject to all conditions in the ocean bill of lading, that these two bills of lading constituted...

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