The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1926-07-23
Famous Egg Case To
Be Reopened In Key
West In Coming Fall
PROCEEDINGS IN LITI-
Z CATION HANG FIRE
In COURTS FOR OVER
FIVE YEARS

The widely famous egg case,
which has been hanging fire in the
courts at Key West and Talla-
hassee for the past five years and
involves claim of ~eggsactly"
$4,000, has been reopened upon
the strength of new evidence re-
Gently discovered and will be tried
again in Key West this Fall.
There were four carloads of the
eggs, 1000 cases in all, each case
containing 80 dozen eggs. In
other words, there were 'teggsact-
"" 100000 eggs in the big CON
signment, shipped to Key West
from points in Tennessee and Mis-
souri, and consigned to wholesale
fruit concern in Havana, Cuba.
L. Rauch & Company, car lot
shippers of poultry, eggs and but
ter, at Memphis, Tenn, were the
consignors, and Alyarino q Al
fonso, fruit dealers Of Havana, the
eonsignees. When this big con-
signment of eggs reached Key
West by rail, in October, 1920,
they were loaded onto the Cuban
firms schooner, the Arages, and
conveyed to Havana.
Louis Rauch, president Of the
Memphis concern, is in Key West
at the present time laying the
groundwork for the new trial of
the noted case this fall.
Mr.. Rauch says the eggs ar
rived at Key West in refrigerator
cars, had been iced at points along
the way, and were in excellent
condition. But, he says. the Gu
ban firm transferred the eggs
from the ice-cold cars onto the
schooner, and were about three
DAYS getting to the cold storage
warehouses; of the consignees In
Havana. AIvarino & Alfonso
then claimed that the eggs were
damaged, and refused to pay for
them.
Suit for collection Of the bill
was Immediately instituted by the
Memphis firm, and the case was
first tried in Key West in 1921,
before Judge Fl. Pierre Branning.
The court at this trial granted
judgment for the full amount Of
the claim. The Cuban firm APP
pealed to the supreme court Of
Florida and succeeded In having
the case reversed and sent back
for new trial.
The next hearing was held in
Key West in 1929. before Judge
Atkinson. and again l. Rauch q
Company won judgment for the
full amount Of the claim Alvarino
4 Alfonso gain appealed the case
70 the state supreme court. This
time the action Of the lower court
was affirmed. but the amount
awarded was materially reduced.
The Memphis firm declined to
settle upon the terms mentioned
IN the decision Of the state su-
preme court. Mr.. Rauch says
they have discovered lot of
new evidence since the first Of the
present year Their petition 70
have the case reopened has been
granted. and everything is being
made ready for what Mr. Rauch
hopes viii be the final trial of the
case in Key West this fall
AIvarino q Alfonso, the de-
fendant firm. has long ago gone
out Of business, but they were re-
ouired to make bond for the
amount Of the claim when the
case was carried to supreme court.
and from this source the money
will have TO be secured. If the
Memphis firm ultimately wins.
At the trial Of this case in Key
West this Fall. Judge II. Pierre
Branning and Judge II H, Taylor,
Of Miami. viii represent /. Rauch
q Company. and the Cuban firm
viii be represented by Attorney
William, III Mafone of This Fifv