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Lekas & Drivas, Inc. v. Goulandris

306 F.2d 426, 1962 AMC 2366 (1962)

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Lekas & Drivas, Inc. v. Goulandris

United States Court of Appeals for the Second Circuit

306 F.2d 426, 1962 AMC 2366 (1962)

Facts

The S.S. Ioannis P. Goulandris was a Greek cargo vessel owned by Goulandris (defendant) in 1940. The vessel was loaded with cargo, including tobacco, olive oil, and soft cheese, for transportation from Greece to the United States via Gibraltar, a voyage of approximately 5,000 miles that should have taken less than a month. Prior to the vessel’s departure, however, Italy attacked Greece as part of World War II. The Ioannis was briefly requisitioned by the Greek government and then ordered by the government to proceed not via its planned route across the Atlantic, but via the Suez Canal and around the southern tip of Africa. After dealing with damage, fire, delayed repairs, and wartime shortages, the Ioannis finally arrived in New York after a five-month-long, 13,000-mile voyage. At that point, much of the cargo was damaged or destroyed. Multiple consignees brough claims against Goulandris under the Carriage of Goods by Sea Act (COGSA), including Lekas & Drivas, Inc. (plaintiff), the consignor-consignee of the soft cheese cargo, which was utterly destroyed and worthless upon arrival. The district court dismissed some of the claims but granted damages for Lekas & Drivas and the olive-oil claimants (plaintiffs). Lekas & Drivas and the olive-oil consignees appealed.

Rule of Law

Issue

Holding and Reasoning (Friendly, J.)

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