DIXON IRMAOS & CIA. v. MANHATTAN LIGHTERAGE CORP.

A—16501.

75 F.Supp. 593 (1948)

DIXON IRMAOS & CIA., Ltd., v. MANHATTAN LIGHTERAGE CORPORATION.

District Court, E. D. New York.

February 20, 1948.


Attorney(s) appearing for the Case

Bailey & Muller, of New York City, (Julius F. Steinbrenner and Gerald J. McKernan, both of New York City, of counsel), for libellant.

Burlingham, Veeder, Clark & Hupper, of New York City (Stanley R. Wright, of New York City, of counsel), for respondent.


BYERS, District Judge.

This cause involves the alleged loss of 89 bales of cotton lightered by the respondent for the account of the libellant, from Pier 17, Staten Island, to alongside the S. S. Kiyosumi Maru at Pier 57, Brooklyn, N. Y., on July 13, 1941. The entire cargo, for present purposes, was 1,837 bales, of which 1,748 concededly were duly delivered.

The dispute turns upon the question of whether a correct tally was made in the course of the discharge...

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