Newman v. Clayton F. Summy Co.

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 no copy, spent considerable time in reproducing the script and later contracted with another publisher who published it under…