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THE OLDER

1 F.Supp. 119 (1932)

THE OLDER.

District Court, W. D. New York.

September 10, 1932.

Attorney(s) appearing for the Case

Harry J. Kelly, of Buffalo, N. Y., and Single & Single, of New York City (Harry J. Kelly, of Buffalo, N. Y., Forrest E. Single and Edward J. Keane, both of New York City, of counsel), for libelant.

Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo, N. Y., and Haight, Smith, Griffin & Deming, of New York City (Herbert K. Stockton, of New York City, of counsel), for respondent.

ADLER, District Judge.

The Norwegian steamship Older, under a charter party executed by the libelant, loaded a cargo of 29,120 bags of sugar at Cardenas, Cuba, to be delivered at Toronto, Canada. The charter party contained the following guaranty: "Owners guarantee that the steamer can proceed through all rivers and canals to reach Toronto with the above cargo."

The vessel proceeded on its course without incident until it arrived in the vicinity of Montreal...

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