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E. GERLI & CO. v. CUNARD S. S. CO.

No. 263.

48 F.2d 115 (1931)

E. GERLI & CO., Inc., v. CUNARD S. S. CO. Limited.

Circuit Court of Appeals, Second Circuit.

March 3, 1931.

Attorney(s) appearing for the Case

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

Lord, Day & Lord, of New York City (George De Forest Lord, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

An Italian exporter delivered to the respondent ninety-two bales of silk at Milan for shipment to New York, and took a bill of lading which contained the following clause: "The carrier is not to be liable * * * for any claim for short delivery of, or damage to, the property hereby receipted for, unless notice of such claim is given in writing before the removal of the Goods or such part of the Goods...

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