S. M. WOLFF COMPANY v. THE S.S. EXIRIA


200 F.Supp. 809 (1961)

S. M. WOLFF COMPANY, Libellant, v. THE S.S. EXIRIA, her engines, boilers, etc., and THE S.S. EXCELLER, her engines, boilers, etc., and against American Export Lines, Respondents.

United States District Court S. D. New York.

December 28, 1961.


Attorney(s) appearing for the Case

Symmers, Fish & Warner, New York City (Peter J. Malloy, Jr., New York City, of counsel), for libellant.

Haight, Gardner, Poor & Havens, New York City (M. E. DeOrchis, New York City, of counsel), for respondents.


CROAKE, District Judge.

Findings of Fact

1. On November 10, 1956 a shipment of fig paste was loaded aboard the S. S. Exiria, owned by respondents, at Portomao, Portugal, and was subsequently delivered to the libelant in New York.

2. Bills of lading Nos. 24, 26 and 27 dated November 10, 1956, were issued by the respondent to cover the shipment.

3. The open edges of the fig paste cartons were sealed with a single strip of gummed paper tape...

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