WARNER BARNES & CO. v. KOKOSAI KISEN KABUSHIKI KAISHA

Nos. 222, 223.

103 F.2d 430 (1939)

WARNER BARNES & CO., Limited et al. v. KOKOSAI KISEN KABUSHIKI KAISHA. COMPANIA GENERALE DE TOBACOS DE FILIPINAS v. SAME.

Circuit Court of Appeals, Second Circuit.

April 25, 1939.


PER CURIAM.

The respondents upon the original argument did not raise the question whether the libellants had given the notice required by the bills of lading before removing the damaged sugars. Having lost upon the main appeal, they now ask us to decide that the libellants had not done so in the case of the two parcels of sugar delivered at the Franklin Sugar Refinery on May 10th, 1934. That issue had been raised in the answers and some at least of the facts were...

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