Baibiene & Antonini, Ltd. v. Munson S. S. Line

S.D. New York

Baibiene & Antonini, Ltd. v. Munson S. S. Line

6 F. Supp. 436, 1933 U.S. Dist. LEXIS 1039

DecidedDecember 16, 1933

StatusPublished

This text of 6 F. Supp. 436 (Baibiene & Antonini, Ltd. v. Munson S. S. Line) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baibiene & Antonini, Ltd. v. Munson S. S. Line, 6 F. Supp. 436, 1933 U.S. Dist. LEXIS 1039 (S.D.N.Y. 1933).

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Opinion

COXE, District Judge.

The libel in this ease alleges that the libelant owned the merchandise, and that the damage was occasioned while the merchandise was being carried by the Southern Cross. This is enough; and it was not necessary to set np the bill of lading. The respondent can allege that document in its answer if it intends to rely on any of its provisions. Furthermore, it can ascertain the character and extent of the damage by interrogatories.

The exceptions to the libel are overruled.

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COXE, District Judge.

The libel in this ease alleges that the libelant owned the merchandise, and that the damage was occasioned while the merchandise was being carried by the Southern Cross. This is enough; and it was not necessary to set np the bill of lading. The respondent can allege that document in its answer if it intends to rely on any of its provisions. Furthermore, it can ascertain the character and extent of the damage by interrogatories.

The exceptions to the libel are overruled.

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Bluebook (online)

6 F. Supp. 436, 1933 U.S. Dist. LEXIS 1039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baibiene-antonini-ltd-v-munson-s-s-line-nysd-1933.