Van Ekris v. S.S. Rio Paraguay - 573 F.Supp. 1475 (S.D.N.Y. 1983) (Leval D.J.)

Carrier issued bills of lading before cargo came into carrier’s possession - Whether exclusion clause can be relied on

The plaintiffs were purchasers and consignees of 10 shipments of coffee totalling 8,500 bags. The plaintiffs had contracted with a shipper at Paraguay to purchase these shipments on a c. & f. basis. The coffee was to be shipped from Asuncion, Paraguay to New York. Each shipment was covered by an irrevocable letter of credit which expressly permitted transshipment at Buenos Aires and was payable upon the presentation of certain documents, including clean on board ocean bills of lading.