THE LAKE GAITHER

No. 283.

26 F.2d 198 (1928)

THE LAKE GAITHER.

Circuit Court of Appeals, Second Circuit.

May 7, 1928.


Attorney(s) appearing for the Case

Larkin, Rathbone & Perry, of New York City (Burlingham, Veeder, Masten & Fearey, of New York City, of counsel), for appellant.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (L. De Grove Potter, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGSTUS N. HAND, Circuit Judges.


SWAN, Circuit Judge.

The clause of the bill of lading relating to notice reads as follows:

"11. * * * Neither the carrier nor the ship shall be liable in any event for any claims arising under this bill of lading unless it shall receive written notice thereof with a full statement of particulars before the removal of the goods or the portion thereof delivered, or in case of nondelivery of the entire consignment within ten days after the final discharge...

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