UNITED TRANSP. CO. v. BERWIND-WHITE COAL-MINING CO.

No. 296.

13 F.2d 282 (1926)

UNITED TRANSP. CO. v. BERWIND-WHITE COAL-MINING CO.

Circuit Court of Appeals, Second Circuit.

May 10, 1926.


Attorney(s) appearing for the Case

Leo J. Curren and Herman S. Hertwig, both of New York City, for appellant.

Barry, Wainwright, Thacher & Symmers, of New York City (James K. Symmers and John C. Crawley, both of New York City, of counsel), for appellee.

Before ROGERS, HOUGH, and MACK, Circuit Judges.


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

The defense raised below was twofold: (1) That under the charter party language first above quoted the parties intended that no tender of this vessel could or should be made until "custom house formalities are fulfilled"; and (2) that as matter of law (without specific agreement to the contrary) entry at custom house was a prerequisite to being "ready for cargo at her loading port."

Both these propositions...

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