INSURANCE CO. OF NORTH AMERICA v. THE S.S. EXMINSTER


127 F.Supp. 541 (1954)

INSURANCE COMPANY OF NORTH AMERICA, Libelant, v. THE S.S. EXMINSTER, her engines, boilers, etc., and American Export Lines, Inc., Respondent.

United States District Court, S. D. New York.

December 28, 1954.


Attorney(s) appearing for the Case

Hanrahan & Brennan, New York City, for libelant.

Haight, Deming, Gardner, Poor & Havens, New York City, for respondent.


EDELSTEIN, District Judge.

Respondent excepts to a libel alleging non-delivery of 21 tons of a 147 ton cargo of castor oil, on the ground that suit was not commenced within the one year limitation of the United States Carriage of Goods by Sea Act, 46 U.S.C. § 1301 et seq., 46 U.S.C.A. § 1301 et seq., and a similar limitation contained in the contract. Libellant claims that the undelivered portion of the cargo was fraudulently misrepresented by the respondent...

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