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THE MALCOLM BAXTER, JR.

No. 361.

20 F.2d 304 (1927)

THE MALCOLM BAXTER, JR. FRENCH OVERSEAS CORPORATION et al. v. FRENCH REPUBLIC et al.

Circuit Court of Appeals, Second Circuit.

Motion for Rehearing and Reargument Denied June 16, 1927.

Attorney(s) appearing for the Case

Bigham, Englar & Jones, of New York City (D. Roger Englar, T. Catesby Jones, and James W. Ryan, all of New York City, of counsel), for appellant French Overseas Corporation.

Kirlin, Woolsey, Campbell, Hickox & Keating and Daly, Hoyt & Mason, all of New York City (Robert S. Erskine and Charles K. Carpenter, both of New York City, of counsel), for appellee French Republic.

Harry M. Zuckert and Rumsey & Morgan, all of New York City (Mark W. Maclay, Harry M. Zuckert, and John Tilney Carpenter, all of New York City, of counsel), for appellees Compagnie Franco-Indo-Chinoise and Engineering Timber Co., Limited.

Before MANTON and L. HAND, Circuit Judges, and CAMPBELL, District Judge.

CAMPBELL, District Judge (after stating the facts as above).

The evidence sustains the finding of the District Court that the Baxter was unseaworthy when she left New Orleans, and that such fact could have been discovered by due diligence. The petition to limit liability was properly denied. For the consequences of the breach of warranty of seaworthiness the ship and petitioner are liable.

The master of the Baxter did not leave New Orleans with the knowledge...

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