COMMERCIO TRANSITO INTER. v. LYKES BROS. STEAMSHIP CO.

No. 201, Docket 24365.

243 F.2d 683 (1957)

COMMERCIO TRANSITO INTERNAZIONALE, Ltd., Plaintiff-Appellee, v. LYKES BROS. STEAMSHIP CO., Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 29, 1957.


Attorney(s) appearing for the Case

Tompkins, Boal & McQuade, New York City (Arthur M. Boal, New York City, of counsel), for defendant-appellant.

Sereni & Herzfeld, New York City (Walter Herzfeld, Herbert Rubin and Bernard J. Wald, New York City, of counsel), for plaintiff-appellee.

Before CLARK, Chief Judge, MEDINA, Circuit Judge, and SMITH, District Judge.


MEDINA, Circuit Judge.

Suing on its own behalf and as assignee of H. R. Jacoby, Inc., plaintiff has recovered damages for delay in delivery of certain shipments of acetone and lubricating oil after presentation of the bills of lading in proper form and after due demand. Defendant appeals.

The source of such controversy as may be said to exist in the case is a certain similarity of names and the service of Italian attachment papers which turned out to be invalid...

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