BARRETT v. FOURNIAL

No. 268.

21 F.2d 298 (1927)

BARRETT v. FOURNIAL.

Circuit Court of Appeals, Second Circuit.

August 4, 1927.


Attorney(s) appearing for the Case

Stockton & Stockton, of New York City (Branch P. Kerfoot and George M. Billings, both of New York City, of counsel), for plaintiff in error.

Moffat & Devlin, of New York City (Frederick J. Moses, Stanley M. Moffat, Edward I. Devlin, Jr., and De Witt C. Jones, Jr., all of New York City, of counsel), for defendant in error.

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


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

Numerous assignments of error are addressed to the court's ruling that the plaintiff's recovery was not limited to the equivalent of 250 francs per case. We think the evidence is clear that, whatever may have been the original arrangement between the parties, the goods were ultimately held on a bailment for storage. Plaintiff's Exhibit No. 6 is a receipted bill, paid January 5, 1914, for 18 months' storage and...

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