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International Law

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University of Michigan Law School

Michigan Law Review

1931

Dexter and Carpenter

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International Law--State Immunity--Waiver--Execution May 1931

International Law--State Immunity--Waiver--Execution

Michigan Law Review

Some interesting illustrations in the field of state immunity have been afforded by the litigation arising out of a contract made by the Swedish State Railways Administration (Kunglig Jamvagsstyrelsen) to buy coal from the American firm of Dexter and Carpenter, shortly after the War. Although the contract was on "c.i.f." terms, the National City Bank, in which funds for the payment for the coal had been deposited, paid for part of this coal- upon presentation of insurance certificates instead of policies. As a consequence, when one shipment of the coal was lost at sea, the Railways were unable to recover …