NATIONAL GARMENT CO. v. NEW YORK, C. & ST. L. R. CO.

No. 13713.

173 F.2d 32 (1949)

NATIONAL GARMENT CO. v. NEW YORK, C. & ST. L. R. CO.

United States Court of Appeals Eighth Circuit.

Rehearing Denied April 5, 1949.


Attorney(s) appearing for the Case

Melvin L. Newmark and Victor Packman, both of St. Louis, Mo., for appellant.

Vincent L. Boisaubin, of St. Louis, Mo. (Jones, Hocker, Gladney & Grand, of St. Louis, Mo., on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and RIDDICK, Circuit Judges.


RIDDICK, Circuit Judge.

The National Garment Company shipped a carload of knitting machinery from Bushwick in New York to St. Louis, Missouri. The shipment reached its destination over the lines of the appellee railroad company, the delivering carrier. It was delivered to the initial carrier in New York on May 3, 1943, and was transported under a bill of lading which contains the following qualified benefit of insurance clause (§ 2(c)): "Any carrier or party...

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