UNTERWESER REEDEREI AKTIENGESELLSCHAFT v. POTASH IMP. CORP.

No. 5658.

36 F.2d 869 (1930)

UNTERWESER REEDEREI AKTIENGESELLSCHAFT et al. v. POTASH IMPORTING CORPORATION OF AMERICA.

Circuit Court of Appeals, Fifth Circuit.

January 7, 1930.


Attorney(s) appearing for the Case

Geo. T. Cann, of Savannah, Ga. (Anderson, Cann & Cann and George T. Cann, all of Savannah, Ga., on the brief), for appellants.

Wm. Hugh Stephens, Wm. B. Stephens, Edward Brennan, and Walter C. Hartridge, all of Savannah, Ga. (Edward C. Brennan, Stephens & Stephens, and Hartridge & Brennan, all of Savannah, Ga., and Single & Single, of New York City, on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


WALKER, Circuit Judge.

Part of a shipment of kainit was damaged by water while it was being carried by the steamship Gonzenheim from Brake, Germany, to Savannah. The appellee, the owner of the kainit, libeled the Gonzenheim and obtained a decree for the stipulated amount of the damage. The owner of the steamship appeals, and contends that exceptions contained in the bill of lading, and not those contained in the charter party between the owner and shipper, controlled...

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