American Finance & Commerce Co. v. United States

Libel in personam for damage to cargo by the American Finance & Commerce Company, Inc., a corporation, against the United States of America, under an act authorizing such suits in admiralty, etc. (sections 741-752 inclusive, title 46, USCA). Respondent at the time of alleged damage owned and operated, by and through the United States Shipping Board, the steamer West Faralon. The libel contains three separate causes of action for damage to as many lots of Chinese shelled peanuts of the erop_ of 1926, shipped under separate bills of lading to San Francisco on the West Faralon from Tsingtao, China. The peanuts were shipped in 100-pound bags.

It is alleged that “the said steamer failed and neglected to deliver the said peanuts in like good order and condition as when shipped, but delivered the same in a badly damaged condition, that is to say, the said peanuts were badly molded, stained, sweated, decayed, and otherwise seriously damaged.”

While denying negligence in its answer, and offering evidence to support such allegations at the trial, upon submission of the cause it appears that the respondent, for a defense, mainly relies upon libelant’s failure to prove good order and…