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PILLSBURY FLOUR MILLS CO. v. INTERLAKE S. S. CO.

36 F.2d 390 (1929)

PILLSBURY FLOUR MILLS CO. v. INTERLAKE S. S. CO.

District Court, W. D. New York.

October 31, 1929.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City, and Brown, Ely & Richards, of Buffalo, N. Y. (Henry Nathaniel Longley, of New York City, Laurence E. Coffey, of Buffalo, N. Y., and Ezra G. Benedict Fox, of New York City, of counsel), for libelant.

Dustin, McKeehan, Merrick, Arter & Stewart, of Cleveland, Ohio, and Burke & Desmond, of Buffalo, N. Y., for respondent.

HAZEL, District Judge.

A cargo of wheat in good condition was shipped on board the E. A. S. Clark on November 4, 1927, at Milwaukee, Wis. She sailed on November 5th, arriving at Buffalo on November 9th. The contract of carriage contained a provision that the grain consigned, upon payment of the freight, was to be delivered on out-turned weight. Concededly the cargo was for winter storage; and, though the freighter encountered some heavy weather on her trip down, the...

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