Armour Fertilizer Works v. Jacobus-Grauwiller Co.

MANTON, Circuit Judge.

The appellee Jacobus-Grauwiller Company furnished to the appellant the barge Walter Bros., to carry bags of fertilizer, which appellee Jacobus-Grauwiller Company agreed to carry safely from Chrome, N. J., and deliver them alongside the steamship San Juan, lying at a pier in the harbor of New York. Loading the fertilizer on the Walter Bros, was completed August 21, 1920, at 3 p. m., and at about 11 p. m. that night, while the barge was still moored at the appellant’s wharf at Chrome, it was discovered that she was leaking badly, as a result of which 750 bags were damaged…