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THE CONWAY NO. 23

No. 326.

64 F.2d 121 (1933)

THE CONWAY NO. 23. CONWAY BROS., Inc., v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Second Circuit.

April 3, 1933.

Attorney(s) appearing for the Case

Jacob Aronson, of New York City (K. O. Mott-Smith, of New York City, of counsel), for appellant.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for libelant.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

On July 23, 1928, the Conway No. 23, empty, was moved from Pier 3, Bush Docks, by appellant's tug, and made fast at Pier 12, East River. She was moved in the late afternoon after a call by appellee's captain to appellant reporting the lighter empty. The vessel was under an oral charter, but written notice was sent by the appellant to the appellee and accepted, reading: "This Company does not agree to return chartered boat in the same condition...

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