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MATLACK COAL & IRON CORP. v. NEW YORK QUEBRACHO EXTRACT CO.

No. 80.

30 F.2d 275 (1929)

MATLACK COAL & IRON CORPORATION v. NEW YORK QUEBRACHO EXTRACT CO.

Circuit Court of Appeals, Second Circuit.

January 7, 1929.

Attorney(s) appearing for the Case

Haight, Smith, Griffin & Deming, of New York City (Stanley W. Schaefer, of New York City, of counsel), for libelant.

Haaren & Barrett, of New York City, for respondent.

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

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

If the libelant's claim had been made up of several items arising upon the breach of a single promise, of which the respondent recognized some and repudiated others, a payment of those conceded would have been good consideration for the discharge of the whole claim on that breach. Baird v. U. S., 96 U.S. 430, 24 L. Ed. 703; Chicago, M. & St. P. R. Co. v. Clark,

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