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TRANSMARINE CORPORATION v. CHARLES H. LEVITT & CO.

No. 193.

25 F.2d 275 (1928)

TRANSMARINE CORPORATION v. CHARLES H. LEVITT & CO., Inc.

Circuit Court of Appeals, Second Circuit.

March 12, 1928.

Attorney(s) appearing for the Case

House, Grossman & Vorhaus, of New York City (Robert C. Beatty, Louis J. Vorhaus, and Joseph Fischer, all of New York City, of counsel), for defendant in error.

Kirlin, Woolsey, Campbell, Hickox & Keating and Stroock & Stroock, all of New York City (M. J. Stroock, Henry P. Elliott and Robert S. Erskine, all of New York City, of counsel), for plaintiff in error.

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

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

We agree that the bill of lading was the only contract between the parties, and that it took the place of the prior oral contract as the final memorial of the parties' obligations. The Delaware, 14 Wall. 579, 20 L. Ed. 779; The Caledonia, 157 U.S. 124, 139, 15 S.Ct. 537, 39 L. Ed. 644; Guillaume v. General Transp. Co., 100 N.Y. 491, 498, 3 N. E. 489 (semble). When the goods...

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