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THE OAKLEY C. CURTIS

No. 53.

4 F.2d 979 (1924)

THE OAKLEY C. CURTIS.

Circuit Court of Appeals, Second Circuit.

December 2, 1924.

Attorney(s) appearing for the Case

Everett, Clarke & Benedict, of New York City (Herman S. Hertwig and William F. Allen, both of New York City, of counsel), for appellant.

Patterson, Eagle, Greenough & Day, of New York City (Carroll G. Walter and Charles D. Francis, both of New York City, of counsel), for appellee.

Before ROGERS and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

LEARNED HAND, District Judge.

The cause came up upon a libel in rem against the schooner Oakley C. Curtis and in personam against its owner, the France & Canada Steamship Corporation, for damage to a cargo of linseed shipped from Buenos Ayres to New York and damaged on the way. The whole ship was chartered for the voyage, and the charter party contained nothing material except the following: That the captain's report of readiness should be "accompanied by underwriter...

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