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COLTON v. NEW YORK & CUBA MAIL S. S. CO.

No. 312.

27 F.2d 671 (1928)

COLTON v. NEW YORK & CUBA MAIL S. S. CO. et al. Ex parte McCAULEY.

Circuit Court of Appeals, Second Circuit.

July 17, 1928.

Attorney(s) appearing for the Case

Rogers & Whitaker, of New York City (Horace L. Cheyney and William J. Dean, both of New York City, of counsel), for appellants.

Cook, Nathan & Lehman, of New York City (Edgar M. Souza and Louis M. Loeb, both of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

The claimant purchased, subject to inspection, 3,627 bags of Irish potatoes, which had been shipped on the White Star steamship Regina, and received from his vendor a duly indorsed bill of lading issued by the agents of the New York & Cuba Mail Steamship Company (known as the Ward Line). This document, designated on its face as "New York & Cuba Mail Steamship Line Through Bill of Lading," read as follows:

"Received...

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