CHARLES A. FOX, INC. v. UNITED STATES


22 F.2d 351 (1927)

CHARLES A. FOX, Inc., v. UNITED STATES.

District Court, S. D. New York.

September 9, 1927.


Attorney(s) appearing for the Case

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan, of New York City, of counsel), for plaintiff.

Charles H. Tuttle, U. S. Atty., of New York City (John M. Ryan, Asst. U. S. Atty., of New York City, of counsel), for the United States.


THACHER, District Judge.

On March 4, 1919, the plaintiff chartered to the defendant its scow, the V. H. Muller, at a charter rate of $12 per day, and it was agreed between the parties that the charter should continue until the scow was returned to the charterer in the same condition as received, "except ordinary wear and tear, the act of God, or by any person or agency for whose acts or negligence the United States is not responsible." The plaintiff furnished with...

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