UNITED STATES v. MIDDLETON

No. 2179.

3 F.2d 384 (1924)

UNITED STATES v. MIDDLETON et al.

Circuit Court of Appeals, Fourth Circuit.

November 19, 1924.


Attorney(s) appearing for the Case

J. Frank Staley, Sp. Asst. Atty. Gen., in Admiralty (Glen R. Snider, Admiralty Counsel U. S. Shipping Board, of New York City, H. T. Atkins, Sp. Asst. Atty. Gen., and J. D. E. Meyer, U. S. Atty., of Charleston, S. C., on the brief), for the United States.

Alfred Huger, of Charleston, S. C. (Miller, Huger, Wilbur & Miller and E. Willoughby Middleton, all of Charleston, S. C., on the brief), for Japanese corporation and Standard Marine Ins. Co., Limited.

E. Willoughby Middleton, for Middleton & Co. and Japanese corporation.

Julian Mitchell, of Charleston, S. C. (Mitchell & Horlbeck, of Charleston, S. C., on the brief), for Carolina Company.

Before WOODS, WADDILL, and ROSE, Circuit Judges.


ROSE, Circuit Judge.

A Japanese corporation by cable bought cotton in this country, and through American agents bargained to have its purchase carried to one of its own cities. The transportation was delayed, and both the shipper and its agents sought to avail themselves of the Suits in Admiralty Act to recover what they said were their respective losses from the United States, whose ships had undertaken the carriage. It is scarcely denied that there was tardiness...

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