BOOTH & CO. v. CANADIAN GOVERNMENT MERCHANT MARINE

No. 229.

63 F.2d 240 (1933)

BOOTH & CO., Inc., v. CANADIAN GOVERNMENT MERCHANT MARINE, Limited, et al.

Circuit Court of Appeals, Second Circuit.

February 14, 1933.


Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (L. de Grove Potter and Joseph Whelan, both of New York City, of counsel), for appellant.

Haight, Smith, Griffin & Deming, of New York City (Charles S. Haight, Jr., and Herbert K. Stockton, both of New York City, of counsel), for appellee.

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


SWAN, Circuit Judge.

The question presented by this appeal involves the interpretation of the provisions of a bill of lading with respect to the payment of freight on goods consigned to the libelant and carried from New Zealand to New York on the respondent's vessel. The vital clause reads as follows:

"Freight for the said goods to be paid in cash ____ at the rate of Eighty-five shillings (85/-) per ton ____ payable in Port of Shipment Delivery...

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