New York & Cuba Mail S. S. Co. v. Maldonado & Co.

Citations

• 225 F. 353
• 140 C.C.A. 377
• 1915 U.S. App. LEXIS 2101

Syllabus

<p>1..Maritime Liens <§=>60—Jurisdiction—Lien foe Freight.</p> <p>A through bill of lading- provided for the transportation of a shipment by rail and water from a point in Mexico to New York. Jfiie last carrier, a steamship company, paid all prior charges and delivered the goods to the consignee in New York. Held, that it had a maritime lien for rlie freight and all charges upon the goods, notwithstanding the delivery of the goods upon the consignee’s credit or his bond, and its action to recover for freight and advance charges was one on a maritime cause of action, within the jurisdiction of the United States District Court.</p> <p>(Ed. Noto.-—Fo-r other cases, see Maritime Liens, Cent. Dig. § 98; Dec. Dig. <2=360.]</p> <p>2. Limitation of Actions <3=32—Law Governing.</p> <p>Whore a bill of lading for the transportation of a shipment from a point in Mexico to New York, though signed in Blexico, was a single contract, by which, upon delivery of the shipment to the consignee in New York, he was obligated to pay the specified freight charges, the time within which a suit for such charges might be brought was to bo determined by the law of New York, and not by that of Mexico.</p> <p>mi- Note.—For other cases, see Limitation of Actions, Cent. Dig. §s 4-8; Dee. Dig. <§=>2.]</p> <p>Rogers, Circuit Judge, dissenting in part.</p> <p>©=3l<'or oilier eases see same topic & KEY-NUMBER in all Key-Numbered. Digests & Indexes</p>