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THE JOHN RUSSELL

No. 109.

68 F.2d 901 (1934)

THE JOHN RUSSELL.

Circuit Court of Appeals, Second Circuit.

January 8, 1934.

Attorney(s) appearing for the Case

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

Harry D. Thirkield, of New York City, for appellee.

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

MANTON, Circuit Judge.

The appellant owns the barge John Russell, and on December 29, 1926, it was chartered through the respondent Taylor's Towing & Transportation Line to the state of New York. The charter was arranged by telephone and provided that the owner would receive a per diem for hire and that he should pay the insurance on cargo to be for the benefit of "whoever it may concern." The barge, empty, was taken to Brooklyn, where a cargo of wheat was loaded...

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