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EASTERN GRAIN, MILL & ELEVATOR CORPORATION v. BUFFALO S. S. CO.

15 F.2d 714 (1926)

EASTERN GRAIN, MILL & ELEVATOR CORPORATION v. BUFFALO S. S. CO.

District Court, W. D. New York.

June 7, 1926.

Attorney(s) appearing for the Case

Brown, Ely & Richards, of Buffalo, N. Y., for plaintiff.

Thomas C. Burke, of Buffalo, N. Y., and Goulder, White & Garry, of Cleveland, Ohio, for defendant.

HAZEL, District Judge.

Motion to set aside verdict. In this action at law the jury found a verdict in favor of the defendant of no cause of action. It appeared on the trial that the steamer Kennedy was chartered by plaintiff to take aboard a cargo of grain at its elevator for storage during the winter of 1921-22, and make return delivery in April, 1922, the vessel meanwhile to lay at the break-water in Buffalo harbor. Provision was made in the charter for paying freight...

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