S/S SALVADOR ET AL.

v.

BERISFORD METALS CORP.

Citator

Cited By

• Contact Lumber Co. v. P.T. Moges Shipping Co., Ltd., 918 F.2d 1446 (9th Cir. 1990)
  …of misrepresentation and reliance in an effort to persuade this court that public factors point in favor of retaining jurisdiction. As the Second Circuit observed in Berisford Metals Cory. v. S/S SALVADOR, 779 F. 2d 841 (2d Cir.1985), cert. denied, 476 U.S. 1188, 106 S.Ct. 2928, 91 L.Ed.2d 556 (1986), there is a profound local interest in maintaining the integrity of bills of lading. “If, instead, the buyer were free to question the accuracy of the bill upon presentation, the entire structure would be weake…
• Plastique Tags, Inc. v. Asia Trans Line, Inc., 83 F.3d 1367 (11th Cir. 1996)
  …ods between parties located at a distance from one another. It constitutes an acknowledgment by a carrier that it has received the described goods for shipment. Berisford Metals Corp. v. S/S Salvador, 779 F. 2d 841, 845 (2d Cir.1985), cert. denied, 476 U.S. 1188, 106 S.Ct. 2928, 91 L.Ed.2d 556 (1986). As far back as 1895, the First Circuit recognized that the bill of lading had become so universal and necessary a factor in mercantile credits that the law should make good what the bill of lading thus holds…
• Societe Generale v. Fed. Ins. Co. & Chubb & Son, Inc., 856 F.2d 461 (2d Cir. 1988)
  …(emphasis added); see also Berisford Metals Corp. v. S/S Salvador, [*465] 779 F. 2d 841, 845 (2d Cir.1985) (generally, bill of lading “constitutes an acknowledgement by a carrier that it has received the described goods for shipment”), cert. denied, 476 U.S. 1188, 106 S.Ct. 2928, 91 L.Ed.2d 556 (1986). Therefore, Federal’s case depended directly upon proof of Flo-ta’s “acknowledgement” of possession. However, as Judge Sand ultimately concluded, Federal was unable to present sufficient evidence to establish…