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DAVID CRYSTAL, INC. v. CUNARD STEAM-SHIP CO.

No. 8, Docket 28656.

339 F.2d 295 (1964)

DAVID CRYSTAL, INC., Libellant-Appellant-Appellee, v. The CUNARD STEAM-SHIP CO. Ltd., Respondent-Petitioner-Appellant-Appellee, and John T. Clark & Son, Respondent-Impleaded-Petitioner-Appellant-Appellee, and Penson & Co., Respondent-Impleaded-Appellee.

United States Court of Appeals Second Circuit.

Decided December 9, 1964.

Attorney(s) appearing for the Case

John L. Quinlan, of Bigham, Englar, Jones & Houston, New York City, for libellant-appellant-appellee.

Henry C. Blackiston, of Lord, Day & Lord, New York City (John F. O'Connell, Franklin G. Hunt, New York City, on the brief), for respondent-petitioner-appellant-appellee.

William Weymar, Jr., of Atkins & Weymar, New York City (Joseph B. McDonald, New York City, on the brief), for respondent-impleaded-petitioner-appellant-appellee.

Enrico S. Sanfilippo, New York City, for respondent-impleaded-appellee.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.

KAUFMAN, Circuit Judge.

Our problem on this appeal, not devoid of reticulate aspects, is to determine which one of four parties shall bear the loss for the misdelivery of twenty-eight cases of shirts: the buyer and owner David Crystal, Inc., the carrier Cunard Steam-Ship Co. Ltd., the carrier's stevedore John T. Clark & Son, or the buyer's customs broker Penson & Co. After a trial in admiralty, the District Court granted Crystal recovery from Cunard and recovery...

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