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ORLOVE v. PHILIPPINE AIR LINES

No. 313, Docket 24929.

257 F.2d 384 (1958)

Howard ORLOVE, d/b/a H. Orlove Company, Plaintiff-Appellee, v. PHILIPPINE AIR LINES, Inc., Defendant-Appellant-Appellee, and The Flying Tiger Line, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 25, 1958.

Attorney(s) appearing for the Case

Joseph R. Cannata, of Hill, Rivkins, Middleton, Louis & Warburton, New York City, for plaintiff-appellee.

Caesar L. Pitassy, of Royall, Koegel, Harris & Caskey, New York City (William F. Koegel, of Royall, Koegel, Harris & Caskey, New York City, on the brief), for Philippine Air Lines, Inc., defendant-appellant-appellee.

George W. Clark, of Mendes & Mount, New York City, and James F. Dwyer, of Satterlee, Warfield & Stephens, New York City (Kenneth R. Thompson, of Mendes & Mount, New York City, on the brief), for Flying Tiger Line, Inc., defendant-appellant.

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

CLARK, Chief Judge.

This appeal concerns the liabilities of two air line companies for the loss of a shipment of gold jewelry sent from New York to Hong Kong. Plaintiff, the shipper, instituted the action against both Philippine Air Lines, Inc. (PAL), and The Flying Tiger Line, Inc. (FTL), but later discontinued it against the latter. Prior to the discontinuance, however, PAL cross-claimed against FTL for indemnification in case plaintiff succeeded in gaining a judgment...

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