BERKSHIRE CHEMS., INC. v. LLOYD'S UNDERWRITERS


40 A.D.2d 792 (1972)

Berkshire Chemicals, Inc., Appellant, v. Lloyd's Underwriters et al., Defendants-Respondents and Third-Party Plaintiffs; Delos Maritime Co., Ltd., Third-Party Defendant

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

November 14, 1972


Appellant shall recover of respondents $60 costs and disbursements of this appeal. Plaintiff shipped from Bremen, Germany, to Tampa, Florida, kieserite, a commercial fertilizer similar to potash. On arrival and unloading, a portion of the cargo from one "hold" was free of damage, but from another "hold" it was found to have solidified due to moisture. A pool of water was discovered on that portion of the floor. Plaintiff established the good condition of the cargo when loaded...

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