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AM. BANANA CO., INC. v. VENEZOLANA INTERNACIONAL DE AVIACION

67 A.D.2d 613 (1979)

American Banana Company, Inc., Appellant, v. Venezolana Internacional De Aviacion S. A. (Viasa), Respondent

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

January 4, 1979

It is conceded in this record that plaintiff, the consignee named in the air waybill on this international flight governed by the terms of the Warsaw Convention, had canceled its order for the goods being transported three days before the flight, because the carrier could not make timely delivery. The goods were delivered to another party, West Indies Food, on the instructions of the consignor. However, plaintiff's status as consignee...

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