HELLYER v. NIPPON YESEN KAISYA


130 F.Supp. 209 (1955)

Walter HELLYER and Philip W. Hellyer doing business under the trade name and style of Hellyer & Company, Libellants, v. NIPPON YESEN KAISYA, Respondent.

United States District Court S. D. New York.

March 31, 1955.


Attorney(s) appearing for the Case

Dow & Symmers, New York City, for libellants.

Burlingham, Hupper & Kennedy, New York City, for respondent.


WEINFELD, District Judge.

This libel was filed by libellants, citizens of Illinois, against the respondent, a Japanese corporation, more than 12 years after the non-delivery of a cargo of tea which had been received by respondent at Shimizu, Japan, for transportation and delivery to San Francisco, California. The respondent filed exceptions and exceptive allegations which set up four defenses: (1) time bar under the one-year limitation of the Carriage of Goods by...

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