HELLENIC LINES LTD. v. CHEMOLEUM CORP.


36 A.D.2d 944 (1971)

Hellenic Lines Limited, Respondent, v. Chemoleum Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 27, 1971


Plaintiff, a carrier, received from defendant a shipment of bagged fertilizer, discovered to be in leaky condition. Plaintiff at first refused to issue a clean bill of lading, but did so eventually upon receiving from defendant a letter promising to indemnify plaintiff for loss occasioned by the shipment's condition. The suit, sounding both in contract to indemnify and in negligence, is for the added cost necessitated in rebagging the goods, delay, etc. at ship's destination...

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