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HOOPER-MANKIN CO. v. MATTHEW ADDY CO.

No. 4128.

4 F.2d 187 (1925)

HOOPER-MANKIN CO. v. MATTHEW ADDY CO.

Circuit Court of Appeals, Sixth Circuit.

March 6, 1925.

Attorney(s) appearing for the Case

Murray Seasongood, of Cincinnati, Ohio (Paul W. Scott, of Huntington, W. Va., and F. E. Wood, of Cincinnati Ohio, on the brief), for plaintiff in error.

John W. Peck and Julius R. Samuels, both of Cincinnati, Ohio (Nelson B. Cramer, of Cincinnati, Ohio, on the brief), for defendant in error.

Before DONAHUE, MACK, and KNAPPEN, Circuit Judges.

KNAPPEN, Circuit Judge.

Plaintiff in error brought this action at law against defendant in error on an account for coal sold and delivered by plaintiff to the Matthew Addy Steamship & Commerce Corporation (hereinafter called the Steamship Company) under written contract therefor, in form between plaintiff and the Steamship Company, and charged on plaintiff's books against that company, upon the theory that the Steamship Company was merely an agent or instrumentality...

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