NICHOLSON TRANSIT CO. v. NICHOLSON UNIVERSAL S. S. CO.

No. 5951.

60 F.2d 90 (1932)

NICHOLSON TRANSIT CO. v. NICHOLSON UNIVERSAL S. S. CO.

Circuit Court of Appeals, Sixth Circuit.

June 27, 1932.


Attorney(s) appearing for the Case

H. N. Longley, of New York City (Cleveland Thurber, of Detroit, Mich., Martin Detels, of New York City, Edward S. Reid, Jr., and Miller, Canfield, Paddock & Stone, all of Detroit, Mich., and Bigham, Englar, Jones & Houston, of New York City, on the brief), for appellant.

Carl V. Essery, of Detroit, Mich. (Warren, Hill & Hamblen, Sherwin A. Hill, and Austin Fleming, all of Detroit, Mich., on the brief), for appellee.

Before HICKENLOOPER, MACK, and SIMONS, Circuit Judges.


MACK, Circuit Judge.

Libelant-appellant chartered three steamships, including the City of Bangor, to respondent-appellee, a corporation; libelant owned one-half of the stock and had one-half of the directors of this operating company. While respondent covenanted to "pay all costs of operation, care and maintenance of said Steamers of every kind and description * * * including repairs and upkeep," the same paragraph provided that "Any items of repairs paid by the Charterer...

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