UNITED STATES v. AMERICAN SUGAR REFINING CO.


28 F.2d 140 (1928)

UNITED STATES v. AMERICAN SUGAR REFINING CO.

District Court, S. D. New York.

June 20, 1928.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (George A. Washington, of New York City, of counsel), for the United States.

Hull, Abbott & Carpenter, of New York City (Joseph F. Abbott, of New York City, of counsel), for respondent.


KNOX, District Judge.

Upon the facts of this case, it is difficult to see how the respondent can escape liability for the demurrage which accrued in favor of the Lake Giltedge when she loaded sugar at Cardenas and Matanzas, Cuba, which was subsequently delivered to respondent as the holder of bills of lading issued at the time the cargo went on board the vessel. All of the bills contained this clause, to wit:

"This bill of lading is subject to all provisions...

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