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THE MATILDE PEIRCE

No. 272.

32 F.2d 688 (1929)

THE MATILDE PEIRCE.

Circuit Court of Appeals, Second Circuit.

May 6, 1929.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (Henry N. Longley and Ezra G. Benedict Fox, both of New York City, of counsel), for appellant.

Loomis & Ruebush, of New York City (Homer L. Loomis and Glenn W. Ruebush, both of New York City, of counsel), for appellees.

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

AUGUSTUS N. HAND, Circuit Judge.

The cargo involved consisted of a shipment of 1,000 barrels of cherries in brine at Barletta, Italy, and a further shipment of 1,302 barrels of similar merchandise at Monopoli. This merchandise was to be carried on the Matilde Peirce to New York, consigned to the American Trading Company, and the bills of lading contained no admission as to the condition of the goods.

Rodman, a surveyor of the cargo for the libelant, testified...

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