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O'BRIEN BROS. v. MALONEY MATERIALS CORPORATION

No. 305.

136 F.2d 902 (1943)

O'BRIEN BROS., Inc., v. MALONEY MATERIALS CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

June 28, 1943.

Attorney(s) appearing for the Case

Thomas A. McDonald, of New York City, for appellant.

Christopher E. Heckman, of New York City, for libellant.

Herbert B. Lee, of New York City, for City of New York.

Before L. HAND, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

PER CURIAM.

The judge found that "the barge was delivered * * * pursuant to an agreement between the parties that the respondent would be liable for any damage suffered by the barge in the course of the delivery of its contents at North Beach Airport." The testimony of O'Brien amply supported this. He swore, and Maloney did not deny it, that Maloney had agreed "to assume all responsibility for the scow"; language which could mean nothing less than a complete assumption...

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