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BARTLEY SCOW CORPORATION v. J. V. PETRIE & SON

No. 111.

37 F.2d 58 (1930)

BARTLEY SCOW CORPORATION v. J. V. PETRIE & SON, Inc., et al. THE BARTLEY BROS.

Circuit Court of Appeals, Second Circuit.

January 6, 1930.

Attorney(s) appearing for the Case

Foley & Martin, of New York City (James A. Martin and Edward E. Elder, both of New York City, of counsel), for appellant.

William F. Purdy, of New York City (John E. Purdy, of New York City, of counsel), for appellee J. V. Petrie & Son, Inc.

Macklin, Brown, Lenahan & Speer, of New York City (J. Dudley Eggleston, of New York City, of counsel), for appellee Hygrade Builders' Supply Co., Inc.

H. Beach Carpenter, of New York City, for appellee the American Sugar Refining Co.

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

SWAN, Circuit Judge.

There is no dispute as to the facts. The scow was orally chartered by the libelant to the respondent Petrie & Son, and was subchartered by it to the Hygrade Company upon the same terms. Nothing is shown as to such terms except that the hire was $12 per day, and a bargee went with the scow. It passed directly from the libelant's possession into that of the subcharterer, and the libelant knew it was to be used to carry ashes. The subcharterer...

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