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THE MALCOLM BAXTER, JR.

No. 459.

277 U.S. 323 (1928)

THE MALCOLM BAXTER, JR.

Supreme Court of United States.

Decided May 21, 1928.

Attorney(s) appearing for the Case

Messrs. John M. Woolsey and Mark W. Maclay, with whom Messrs. Robert S. Erskine, Charles K. Carpenter, and John Tilney Carpenter were on the brief, for petitioners.

Mr. T. Catesby Jones, with whom Messrs. D. Roger Englar and James W. Ryan were on the brief, for respondent.

MR. JUSTICE STONE delivered the opinion of the Court.

Petitioners, in July, 1917, shipped a cargo on the Schooner Malcolm Baxter, Jr., owned by respondent, from New Orleans to Bordeaux, and prepaid the freight. The bill of lading stipulated "prepaid freight is to be considered as earned on shipment of goods and is to be retained by vessel's owner . . . if there be forced interruption or abandonment of the voyage, at...

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