CUMMINGS v. PENNSYLVANIA R. CO.

No. 6.

45 F.2d 152 (1930)

CUMMINGS v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

November 3, 1930.


Attorney(s) appearing for the Case

William F. Purdy, of New York City (John E. Purdy, of New York City, of counsel), for appellee.

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Chauncey I. Clark and Paul Tison, both of New York City, of counsel), for appellant.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

This action was originally brought in the Supreme Court of the state of New York, New York county, and was removed on petition of the defendant. On March 15, 1928, the barge Edward E was orally chartered by the plaintiff to the defendant and subsequently the charter was confirmed by letter. The barge was inspected by the plaintiff, found to be in good condition, and delivered to the defendant that day. The next day the defendant notified the...

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