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CITY OF NEW YORK v. CLYDE LIGHTERAGE CO.

No. 367.

13 F.2d 533 (1926)

CITY OF NEW YORK v. CLYDE LIGHTERAGE CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 19, 1926.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (Leonard J. Matteson, of New York City, of counsel), for appellant.

George P. Nicholson, of New York City (Charles J. Carroll, of Brooklyn, and John T. Condon, of New York City, of counsel), for appellee.

Before ROGERS, HOUGH, and HAND, Circuit Judges.

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

We have no doubt of the correctness of Judge Goddard's ruling that the respondent's silence, coupled with sending the tug for daily orders, was an acceptance of the terms of the libelant's letter of November 16th. That letter was certainly not an acceptance of the letter of November 8th; it would be wholly unwarranted to separate the later amendments which it contained from that which changed the rate on Sundays...

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