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NEW YORK & CUBA MAIL S. S. CO. v. LAMBORN

No. 368.

13 F.2d 535 (1926)

NEW YORK & CUBA MAIL S. S. CO. et al. v. LAMBORN et al.

Circuit Court of Appeals, Second Circuit.

July 19, 1926.

Attorney(s) appearing for the Case

Van Doren, Conklin & McNevin, of New York City (Alfred C. B. McNevin and Randolph Harris, both of New York City, and Edward S. Bentley, of Lawrence, N. Y., of counsel), for appellants.

Burlingham, Veeder, Masten & Fearey, of New York City (John L. Galey, of New York City, of counsel), for appellees.

Before ROGERS, HOUGH, and HAND, Circuit Judges.

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

The answer pleads an agreement to move the Manta to Matanzas and a breach. That defense wholly broke down on the trial, and if we were disposed to stand upon the pleadings the case would be at an end. However, this suit is in the admiralty, and the variance between the defense as pleaded and that proved does not appear to us fatal. The charterers' only possible excuse is that an owner, being advised that his...

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