Bally Inc v MV “Zim America” and others - US Court of Appeals (2nd Circuit) (Miner and McLaughlin Ct JJ and Conner DJ) - 20 April 1994

Cargo claim - Whether shortage of cargo established at outturn

Bally purchased various leather goods from Italian manufacturers and arranged for their shipment to Bally’s warehouse in New Rochelle, New York. The shipments were delivered to a freight forwarder in Italy in August 1990. Cartons containing certain of the goods were loaded into a container which was sealed with a high security seal. The seal remained intact until it was broken at Bally’s New Rochelle warehouse.