This is a breach of contract action brought for nondelivery of bales of fur, part of a shipment delivered to defendants, air carriers, pursuant to an airway bill, for carriage from Iquitos, Peru to London, England. Special Term had granted plaintiff summary judgment on the issue of liability and directed an assessment of damages. Plaintiff seeks to recover the sum of $47,500 representing the alleged actual value of the nondelivered bales, whereas defendants, citing the fact...
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