NEW YORK TRAP ROCK CORPORATION v. CHRISTIE SCOW CORP.

No. 71, Docket 20739.

165 F.2d 314 (1948)

NEW YORK TRAP ROCK CORPORATION v. CHRISTIE SCOW CORPORATION et al. THE GREYSTONE. THE ALLENTOWN.

Circuit Court of Appeals, Second Circuit.

January 13, 1948.


Attorney(s) appearing for the Case

Burlingham, Veeder, Clark & Hupper, of New York City (Chauncey I. Clark and Charles E. Wythe, both of New York City, of counsel), for Moran Towing Corporation, respondent-appellant, and Moran Towing & Transportation Co., Inc., respondent-appellant and claimant.

Reginald V. Spell, of New York City (John P. Carson, of New York City, of counsel), for Christie Scow Corporation, respondent-appellee.

Hagen & Eidenbach, of New York City (Henry C. Eidenbach, of New York City, of counsel), for libellant-appellee New York Trap Rock Corporation.

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


AUGUSTUS N. HAND, Circuit Judge.

On December 13, 1944, New York Trap Rock Corporation chartered the scow "Greystone" to Christie Scow Corporation for an indefinite time in accordance with the terms of a written charter which provided in part that "charterer shall at all times while the scows are under charter hereunder take good care of the vessels and shall redeliver them and each of them in the same good condition as when received, reasonable wear and tear excepted...

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