STROHMEYER & ARPE CO. v. AMERICAN LINE S. S. CORP.

No. 327.

97 F.2d 360 (1938)

STROHMEYER & ARPE CO. v. AMERICAN LINE S. S. CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

June 6, 1938.


Attorney(s) appearing for the Case

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

Burlingham, Veeder, Clark & Hupper, of New York City (John L. Galey and Norman M. Barron, both of New York City, of counsel), for appellees.

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


MANTON, Circuit Judge.

Appellant, a distributor of olive oil, filed this libel to recover damages for non-delivery of its shipments. It employed a trucking company to haul three shipments of olive oil to Pier 61, N.R., New York, for ocean transportation to Los Angeles, Cal., there to be delivered to a consignee.

The driver of the truck in each instance and a checker in the employ of the Atlantic Transport Co., by a scheme or plan diverted ten cases of the...

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