SPRECKLES SUGAR CO. v. SOUTH ATLANTIC S. S. LINE

No. 483.

49 F.Supp. 714 (1943)

SPRECKLES SUGAR CO. v. SOUTH ATLANTIC S. S. LINE et al.

District Court, S. D. Georgia, Savannah Division.

March 31, 1943.


Attorney(s) appearing for the Case

Connerat, Hunter & Cubbedge, of Savannah, Ga. (B. B. Cubbedge, Jr., of Savannah, Ga., of counsel), for libellant.

Lawton & Cunningham, of Savannah, Ga. (A. R. Lawton, Jr., of Savannah, Ga., of counsel), for respondents.


LOVETT, District Judge.

Shipper sues for cargo damage, alleging simply receipt by the ship in good order and delivery in bad. Respondent answered and the pleadings were closed. Later, invoking Admiralty Rule 32B, 28 U.S.C.A. following section 723, respondent obtained an admission as to the genuineness of a bill of lading exhibited under which the shipment moved. Urging that this admission operates to re-open the pleadings a peremptory exception to the libel is now...

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