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NEW ORLEANS & SO. AMERICAN S. S. CO. v. W. R. GRACE & CO.

No. 316.

26 F.2d 967 (1928)

NEW ORLEANS & SOUTH AMERICAN S. S. CO. v. W. R. GRACE & CO.

Circuit Court of Appeals, Second Circuit.

June 11, 1928.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (D. Roger Englar and Ezra G. Benedict Fox, both of New York City, of counsel), for appellant.

Duncan & Mount, of New York City (Russell T. Mount, of New York City, of counsel), for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This suit was brought to recover freight. In 1919, the respondent shipped from Haiti, on board the vessel Santa Cristina, owned by the libelant, certain cargo consigned to the respondent in New Orleans. The agreed freight for the carriage was $14,100.81. For the cargo so shipped the libelant issued to the shipper bills of lading which contained the clause:

"Full freight to destination, whether intended to be prepaid or collected...

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