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HIRSCH LUMBER CO. v. WEYERHAEUSER STEAMSHIP CO.

No. 338, Docket 23995.

233 F.2d 791 (1956)

HIRSCH LUMBER COMPANY, Plaintiff-Appellant, v. WEYERHAEUSER STEAMSHIP COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided June 1, 1956.

Attorney(s) appearing for the Case

Max Ornstein, New York City, for plaintiff-appellant.

Dow & Symmers, New York City (William G. Symmers, Frederick Fish, William Warner, New York City, of counsel, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and HINCKS and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

This appeal raises two questions: First, whether bills of lading under which lumber was to be carried by sea from Olympia, Washington to Port Newark, New Jersey, could lawfully provide that freight was immediately due upon delivery of the lumber to the carrier even though the lumber was not delivered to point of destination because of a strike at Port Newark. The second question is whether there was evidence to sustain the jury's finding that...

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