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THE SMITH & TERRY NO. 3

No. 7504.

16 F.2d 613 (1926)

THE SMITH & TERRY NO. 3, and three other cases.

District Court, E. D. New York.

December 16, 1926.

Attorney(s) appearing for the Case

William A. De Groot, U. S. Atty., of Brooklyn, N. Y. (William R. Fitch, of Washington, D. C., and Frederick A. Whitney, Sp. Asst. U. S. Attys., of New York City, of counsel), for the United States.

Haight, Smith, Griffin & Deming, of New York City (Stanley W. Schaefer, of New York City, of counsel), for Tebo Yacht Basin Co. and P. Dougherty Co.

Bigham, Englar & Jones, of New York City (William H. Woolley, of New York City, of counsel), for P. Dougherty Co.

Alfred H. Strickland, of New York City, for petitioner Oetken.

MOSCOWITZ, District Judge.

These actions were tried together.

The United States Shipping Board sold a barge called herein Smith & Terry No. 3 to Smith & Terry, Inc., a New York Corporation, for the sum of $60,000; $24,562.50 being paid, leaving a balance of $35,437.50. To secure payment of the balance, the government received 7 notes of $5,062.50 each. The payment of these notes was secured by a first mortgage on the vessel.

A bill of sale...

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