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THE LAWRENCE J. TOMLINSON

No. 313.

48 F.2d 88 (1931)

THE LAWRENCE J. TOMLINSON. SEABOARD TERMINALS CORPORATION v. PETTERSON.

Circuit Court of Appeals, Second Circuit.

April 6, 1931.

Attorney(s) appearing for the Case

Arthur Lovell, of New York City (Leo J. Curren, of New York City, of counsel), for appellant.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Robert S. Erskine and Henry P. Elliott, both of New York City, of counsel), for appellee.

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

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

The disposition of these appeals narrows down to what should be put upon implied warranties. There was no misrepresentation or fraudulent concealment of any known material fact. Ordinarily, a boat chartered for a specified use is impliedly warranted, the charter being silent as to that, to be suitable for the known purpose for which it is to be used. It must be that to...

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