THE EVELYN

Nos. 12982, 13093.

60 F.2d 644 (1932)

THE EVELYN. THE SENTINEL. F. J. KERNER COAL CO., Inc., v. J. J. KEHOE, Inc.

District Court, E. D. New York.

July 6, 1932.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (R. F. Shaw, of New York City, of counsel), for libelant F. J. Kerner Coal Co.

Macklin, Brown, Lenahan & Speer, of New York City (Richard F. Lenahan, of New York City, of counsel), for libelant United States Barge Corporation.

Foley & Martin, of New York City (William J. Martin, of New York City, of counsel), for the Sentinel.


GALSTON, District Judge.

Under stipulation these cases were tried together.

The barge Evelyn, having been loaded with 517 tons of coal three weeks before, was on September 2, 1931, towed to Pier 8 at Tompkinsville (Stapleton), Staten Island. Such delivery of the cargo to the libelant F. J. Kerner Coal Company was in accordance with the terms of the bill of lading.

So far as the record discloses, there was no proof of a contract beyond that point; but...

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