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OLIVIER STRAW GOODS CORPORATION v. OSAKA SHOSEN KAISHA

No. 173.

47 F.2d 878 (1931)

OLIVIER STRAW GOODS CORPORATION v. OSAKA SHOSEN KAISHA.

Circuit Court of Appeals, Second Circuit.

March 2, 1931.

Attorney(s) appearing for the Case

Hunt, Hill & Betts, of New York City (John W. Crandall, of New York City, of counsel), for appellant.

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

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

AUGUSTUS N. HAND, Circuit Judge.

The libelant sued the respondent, a carrier, to recover damages for failure of the latter to deliver at New York 18 cases of hemp braid which had been placed in the hands of the respondent at Yokohama for transportation. The goods were in storage when the great earthquake of September 1, 1923, occurred, and were stolen by looters in the ensuing confusion. The libelant was the owner of the merchandise, and is the indorsee of an "on...

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