Pan American Food Co. v. American President Lines, Ltd.

Appellate Division of the Supreme Court of New York

Pan American Food Co. v. American President Lines, Ltd.

283 A.D. 705, 127 N.Y.S.2d 774, 1954 N.Y. App. Div. LEXIS 5007

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 16, 1954

StatusPublished

This text of 283 A.D. 705 (Pan American Food Co. v. American President Lines, Ltd.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pan American Food Co. v. American President Lines, Ltd., 283 A.D. 705, 127 N.Y.S.2d 774, 1954 N.Y. App. Div. LEXIS 5007 (N.Y. Ct. App. 1954).

Pincite

Opinion

— Determination unanimously reversed, with costs to the appellant and a trial directed of the issue as to when the cause of action [706]*706accrued for defendant’s alleged failure to deliver a portion of the Cochin shipment of cashew nuts described in bills of lading numbered 35 and 36. The voyage of the vessel terminated with its arrival in New York on March 10, 1951. The cashew nuts were delivered by defendant in several days between April 11 and April 23, 1951. There is some evidence that plaintiff awaited further deliveries until May 17,1951, when it wrote to defendant about the shortage. The Carriage of Goods by Sea Act (U. S. Code, tit. 46, § 1303, subd. [6]) requires that the suit shall be brought within one year after the date when the goods should have been delivered. There is a triable issue as to when this cause of action accrued. Settle order on notice. Present — Dore, J. P., Breitel, Bastow and Botein, JJ. [See post, p. 862.]

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— Determination unanimously reversed, with costs to the appellant and a trial directed of the issue as to when the cause of action [706]*706accrued for defendant’s alleged failure to deliver a portion of the Cochin shipment of cashew nuts described in bills of lading numbered 35 and 36. The voyage of the vessel terminated with its arrival in New York on March 10, 1951. The cashew nuts were delivered by defendant in several days between April 11 and April 23, 1951. There is some evidence that plaintiff awaited further deliveries until May 17,1951, when it wrote to defendant about the shortage. The Carriage of Goods by Sea Act (U. S. Code, tit. 46, § 1303, subd. [6]) requires that the suit shall be brought within one year after the date when the goods should have been delivered. There is a triable issue as to when this cause of action accrued. Settle order on notice. Present — Dore, J. P., Breitel, Bastow and Botein, JJ. [See post, p. 862.]

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Bluebook (online)

283 A.D. 705, 127 N.Y.S.2d 774, 1954 N.Y. App. Div. LEXIS 5007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pan-american-food-co-v-american-president-lines-ltd-nyappdiv-1954.