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DARE v. NEW YORK CENT. R. CO.

No. 346.

20 F.2d 379 (1927)

DARE et al. v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Second Circuit.

June 6, 1927.

Attorney(s) appearing for the Case

Hendrick & Hendrick, of New York City (John H. Hendrick, of New York City, of counsel), for plaintiffs in error.

Alex S. Lyman, of New York City (William Mann, of New York City, of counsel), for defendant in error.

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

SWAN, Circuit Judge.

This is a suit by the railroad company, hereinafter referred to as plaintiff, against partners trading as E. H. Dare & Co., hereinafter referred to as defendants, to recover freight charges on 28 carloads of oats carried in interstate commerce over the plaintiff's rails.

The oats were shipped from Illinois and Wisconsin under order bills of lading running to various consignees in New York City. The bills of lading were indorsed in...

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