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CHANNEL LUMBER CO. v. WEYERHAEUSER STEAMSHIP CO.

No. 310, Docket 24464.

244 F.2d 211 (1957)

CHANNEL LUMBER COMPANY, Appellant, v. WEYERHAEUSER STEAMSHIP COMPANY, Appellee.

United States Court of Appeals Second Circuit.

Decided May 14, 1957.

Attorney(s) appearing for the Case

Max Ornstein, New York City, for the appellant.

William Warner, New York City, Symmers, Fish, Warner & Nicol, New York City, for appellee, William Garth Symmers, Frederick Fish, New York City, of counsel.

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

PER CURIAM.

In our decision in Hirsch Lumber Co. v. Weyerhaeuser Steamship Co., 233 F.2d 791, we held that bills of lading, in the same terms as those now at bar, gave the carrier the right to retain money paid for freight, although it discharged the cargo at a different place from that prescribed in the bill of lading. It was a condition of this right, however, that the carrier should have made reasonable effort to deliver the cargo...

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