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COLONIALGROSSISTFORENING v. MOORE-McCORMACK LINES

83 F.Supp. 464 (1949)

COLONIALGROSSISTFORENING v. MOORE-McCORMACK LINES, Inc.

United States District Court S. D. New York.

April 18, 1949.

Attorney(s) appearing for the Case

Haight, Deming, Gardner, Poor & Havens, of New York City (Thomas Roche, of New York City, of counsel), for libelant.

Wood, Molloy & France, of New York City (Melville J. France, of New York City, of counsel), for respondent.

RIFKIND, District Judge.

This was an action by the consignee of cargo against the carrier for the repayment to the consignee of additional freight paid under protest upon return of the cargo to the port of origin, after failure to discharge at the port of destination.

The amount in issue is $3,919.40, plus interest thereon from the date of payment. It has been stipulated between the parties on the trial that, if payment for the return voyage is required, the...

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