MORRIS & CO. v. KERR S. S. CO.

No. 370.

21 F.2d 292 (1927)

MORRIS & CO. v. KERR S. S. CO., Inc.

Circuit Court of Appeals, Second Circuit.

August 8, 1927.


Attorney(s) appearing for the Case

Jacob Aronson, of New York City, for appellant.

Barry, Wainwright, Thacher & Symmers, of New York City (Herbert Barry and Gardner D. Howie, both of New York City, of counsel), for libelant-appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


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

This appeal involves a construction of the contract evidenced by the letter of May 12, 1919. Appellant agreed to establish "a regular service to Hamburg, Germany, as soon as the restrictions against dispatching commercial ships direct to that port are removed," and to carry for appellee "not less than 650 tons on the first steamer." At the time trading with Germany was permitted only upon securing from the War...

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