Conway Bros. v. New York Cent. R.

MANTON, Circuit Judge.

On July 23, 1928, the Conway No. 23, empty, was moved from Pier 3, Bush Docks, by appellant’s tug, and made fast at Pier 12, East River. She was moved in the late afternoon after a call by appellee’s captain to appellant reporting the lighter empty. The vessel was under an oral charter, but ■written notice was sent by the appellant to the appellee' and accepted, reading: “This Company does not agree to return chartered boat in the same condition as when received, ordinary wear and tear excepted, and will not he liable for damage to the boat while under charter unless…