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SCHWARTZENBERG v. MAYERSON

No. 3981.

2 F.2d 327 (1924)

SCHWARTZENBERG v. MAYERSON.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1924.

Attorney(s) appearing for the Case

A. O. Dickey, of Cleveland, Ohio (Calfee, Fogg & White and A. O. Dickey, all of Cleveland, Ohio, on the brief), for plaintiff in error.

John A. Hadden, of Cleveland, Ohio (Griswold, Green, Palmer & Hadden, of Cleveland, Ohio, on the brief), for defendant in error.

Before DONAHUE and MACK, Circuit Judges, and SATER, District Judge.

DONAHUE, Circuit Judge.

Schwartzenberg gave to the L. Mayerson Company an order for fish, to be shipped by express on Friday of each week in carload lots of 100 boxes, of 100 pounds each. The first carload lot, containing 152 boxes, of a total weight of 20,320 pounds, was shipped by express in car No. 5547, and reached Cleveland the night of June 18th. The fish were then in bad condition. Schwartzenberg ordered the car to be iced and immediately proceeded to remove...

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