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THE PRESIDENT ARTHUR

42 F.2d 288 (1930)

THE PRESIDENT ARTHUR. GUERIN v. MORSE DRY DOCK & REPAIR CO.

District Court, S. D. New York.

April 2, 1930.

Attorney(s) appearing for the Case

Hayes & Palmer, of New York City, for Morse Dry Dock & Repair Co.

Burlingham, Veeder Fearey, Clark & Hupper, of New York City, for American Palestine Line, and the President Arthur.

Saul S. Myers, of New York City (Cletus Keating, of New York City, of counsel), for trustee.

THACHER, District Judge.

The commissioner has concluded that the libelant has a maritime lien for payments which the parties agreed, before the repairs were commenced, should be made by the delivery and acceptance of a note indorsed by a third party. The agreements were in writing and provided that the repairs should be paid for partly in cash and partly in indorsed notes negotiable in form. Decision is controlled by Marshall & Co. v. The President Arthur,

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