NEWMAN v. CLAYTON F. SUMMY CO.

No. 71.

133 F.2d 465 (1942)

NEWMAN v. CLAYTON F. SUMMY CO.

Circuit Court of Appeals, Second Circuit.

Opinion Amended January 12, 1943.


Attorney(s) appearing for the Case

Beekman, Bogue, Stephens & Black, of New York City (Edward K. Hanlon, of New York City, of counsel), for appellant.

Bernard Gordon, of New York City (Maurice J. Fleischman, of New York City, of counsel), for appellee.

Before L. HAND, CHASE, and FRANK, Circuit Judges.


FRANK, Circuit Judge.

Appellee, a composer, sent a manuscript, insured for $500, by Railway Express from Florida to appellant, a music publisher, in Chicago. Appellant later procured appellee's permission to send the manuscript to appellant's New York office. But, unknown to appellee, appellant, in shipping the script to New York, also by Railway Express, described the package as containing merely "sheet music." The script was lost in transit. Appellee, having retained...

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