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YONE SUZUKI v. CENTRAL ARGENTINE RY.

No. 253.

27 F.2d 795 (1928)

YONE SUZUKI et al. v. CENTRAL ARGENTINE RY., Limited, et al.

Circuit Court of Appeals, Second Circuit.

August 20, 1928.

Attorney(s) appearing for the Case

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (John M. Woolsey, Edwin S. Murphy, and James H. Herbert, all of New York City, of counsel), for appellant.

Hunt, Hill & Betts, of New York City (George C. Sprague, of New York City, of counsel), for Suzuki & Co.

Burlingham, Veeder, Masten & Fearey, of New York City (John L. Galey, of New York City, of counsel), for Holland-American Line and Green Star S. S. Co.

Carter & Phillips, of New York City (Robert Phillips, of New York City, of counsel), for Luckenbach S. S. Co.

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

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

The libelants are met at the threshold by the contention of the railway that the cesser clause of the charter parties, which were incorporated in the bills of lading, relieved it from liability. They say the Argentine law governs the liability, and that that law is evidenced by the decision of an Argentine Court of Appeal in the case of The Moncalieri, which was a vessel chartered by Gano Moore under...

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