Industria Nacional Del Papel, CA v. M/V Albert F
United States Court of Appeals for the Eleventh Circuit
730 F.2d 622 (1984)
- Written by Jamie Milne, JD
Facts
Industria Nacional Del Papel, CA (Induspapel) (plaintiff) purchased kraft wood pulp from Sanca Steel Corporation (Sanca). When Sanca delivered the goods to the vessel M/V ALBERT F (Albert F) (defendant) for shipment, the Albert F issued a bill of lading that described the goods as 854 tons of kraft wood pulp. The bill included a statement that the particulars were provided by the shipper, meaning Sanca. Once Sanca delivered the bill of lading to Induspapel, Induspapel paid Sanca for the goods. The Albert F sailed from Florida to the Dominican Republic, where it delivered the cargo to Induspapel. However, the cargo contained 505 bales of worthless wastepaper, not the wood pulp described in the bill of lading. Induspapel sued the Albert F, seeking to hold the vessel itself liable in rem for its nondelivery of the described cargo. The district court found the Albert F liable to Induspapel. The Albert F appealed.
Rule of Law
Issue
Holding and Reasoning (Hatchett, J.)
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