COX v. FARLEY


34 F.Supp. 446 (1940)

COX v. FARLEY et al. (two cases).

District Court, S. D. New York.

July 30, 1940.


Attorney(s) appearing for the Case

Purrington & McConnell, of New York City (Frank J. McConnell and James D. Brown, both of New York City, of counsel), for libellant.

Irving L. Evans, of New York City, for respondents.


KNOX, District Judge.

These are libels in personam, brought by the consignee upon order ocean bills-of-lading, for cargo damage. Inasmuch as the facts in each case are quite similar, the suits, for convenience, were tried together. I shall treat them as one and use, wherever possible, the singular.

The subject of the libel is fresh asparagus, of a variety known as "Mary Washington," which is the one usually sold in this, the Eastern, market, and which is supplied...

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