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PROVIDENCE, FALL RIVER & N. S. CO. v. MASS. BAY S. S. CORP.

No. 3516.

38 F.2d 674 (1930)

PROVIDENCE, FALL RIVER & NEWPORT STEAMBOAT CO. v. MASSACHUSETTS BAY S. S. CORPORATION et al.

District Court, D. Massachusetts.

February 26, 1930.

Attorney(s) appearing for the Case

John M. Maloney, of Boston, Mass., for plaintiff.

Edmund A. Whitman, Alfred C. Blake, and Elder, Whitman, Weyburn & Crocker, all of Boston, Mass., for defendant American Surety Co. of New York.

Sherburne, Powers & Needham and Arthur W. Sullivan, all of Boston, Mass., for defendant Massachusetts Bay S. S. Corporation.

MORTON, District Judge.

This is an action upon a bond made to the plaintiff by the Massachusetts Bay Steamship Corporation as principal, and the American Surety Company as surety. The facts are as follows:

In July, 1926, the plaintiff sold to the defendant steamship corporation the steamer Monhegan. The price was $35,875. Ten thousand dollars was paid in cash at the time of the delivery of the steamer, and a mortgage back was given for the balance, of which...

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