PAN-AM TRADE & CREDIT CORP. v. THE CAMPFIRE

No. 299, Docket 20223.

156 F.2d 603 (1946)

PAN-AM TRADE & CREDIT CORPORATION et al. v. THE CAMPFIRE et al.

Circuit Court of Appeals, Second Circuit.

July 12, 1946.


Attorney(s) appearing for the Case

Gay & Behrens, of New York City (Russell C. Gay and Edward J. Behrens, both of New York City, of counsel), for appellants other than United States.

John F. X. McGohey, U. S. Atty., of New York City (Arnold W. Knauth, of New York City, of counsel), for appellant United States.

Hill, Rivkins & Middleton, of New York City (Arthur O. Louis, Robert E. Hill, and Gregory S. Rivkins, all of New York City, of counsel), for appellees.

Kirlin, Campbell, Hickox & Keating, of New York City (L. de Grove Potter, of New York City, of counsel), for Fulton Shipoperators, P. & I. Service, Inc., amicus curiæ.

Bigham, Englar, Jones & Houston, of New York City (Henry N. Longley and F. Herbert Prem, both of New York City, of counsel), for American Institute of Marine Underwriters, amicus curiæ.

Before SWAN, CLARK, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

This appeal presents the question whether the Carriage of Goods by Sea Act, 46 U.S.C.A. § 1300 et seq., invalidates a bill of lading provision for pro-rating in case of the partial loss by the carrier of a package to which the statute ascribes a value of $500. We are told that it is a case of first impression.

The facts were stipulated. On July 8, 1943 Pan-Am Trade & Credit Corporation, one of the libellants, delivered to the...

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