Pacific Micronesian Lines, Inc. v. New Zealand Insurance Company, Ltd.

Appeal from a final decision of the district court for the Territory of Guam, holding defendant-appellant liable to plaintiff-appellee. The district court had jurisdiction pursuant to 48 U.S.C. § 1424 (a). This court has jurisdiction pursuant to 28 U.S.C. §§ 1291 , 1294(4).

Some time in early 1963 the J & G Warehouse Market of Agana, Guam, made an agreement with the Truk Trading Company of Truk, Eastern Caroline Islands, to sell Truk Trading Company a quantity of rice and other supplies on open account. J & G Warehouse Market contracted with appellant Pacific Micronesian Lines to transport the goods to Truk. J & G Warehouse Market delivered the rice on or before May 27, 1963 for shipment, and appellant issued a bill of lading showing 3000 sacks of rice, as represented by the shipper, J & G Warehouse Market. The testimony of witnesses and discussion between counsel and the court showed discrepancies in the amount of rice which was actually delivered by J & G Warehouse Market to appellant for shipment. J & G Warehouse Market pre-paid the costs of the transportation, paying for the shipment of a full 3000 sacks of rice.

Upon arrival in Truk, it was found by Truk Trading Company…