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FREDERICK H. LEGGETT & CO. v. 500 CASES OF TOMATOES

No. 28.

15 F.2d 270 (1926)

FREDERICK H. LEGGETT & CO. v. 500 CASES OF TOMATOES et al.

Circuit Court of Appeals, Second Circuit.

November 1, 1926.

Attorney(s) appearing for the Case

Loomis & Ruebush, of New York City (Homer L. Loomis, of New York City, of counsel), for appellant.

Bigham, Englar & Jones, of New York City (T. Catesby Jones, of New York City, of counsel), for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

The single question presented is whether a shipowner, on the happening of a general average loss, may insist as a prerequisite to delivery of cargo on the payment to him of a reasonable estimate of the cargo owner's average share. This right, if it exists, implies the further right to reject any and every other form of security tendered by the cargo owner.

The argument is based upon the assumption that...

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