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AMERICAN AGRICULTURAL C. CO. v. BROOKLYN & BUFFALO NAV. CO.

56 F.2d 271 (1932)

AMERICAN AGRICULTURAL CHEMICAL CO. v. BROOKLYN & BUFFALO NAV. CO., Inc.

District Court, W. D. New York.

February 18, 1932.

Attorney(s) appearing for the Case

Dempsey & Fogle, of Lockport, N. Y. (John B. Richards, of Buffalo, N. Y., Glen R. Bedenkapp, of Lockport, N. Y., and Laurence E. Coffey, of Buffalo, N. Y., of counsel), for libelant.

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan and Edmund F. Lamb, both of New York City, of counsel), for respondent.

ADLER, District Judge.

A cargo of phosphate rock of approximately 2,784 tons was laden on barges of respondent at Carteret, N. J., and transferred at Buffalo, N. Y., to the Barge Montezuma for delivery to the libelant at Cleveland, Ohio. The shipment was made under through bills of lading, which, libelant contends, superseded a charter in the form of a letter from libelant to respondent dated October 1, 1926. The letter concludes with the following language: "We will...

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