THE MOUNT CLINTON

No. 189.

6 F.2d 418 (1925)

THE MOUNT CLINTON.

Circuit Court of Appeals, Second Circuit.

February 9, 1925.


Attorney(s) appearing for the Case

William Hayward, U. S. Atty., of New York City (Francis A. McGurk, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Rumsey & Morgan, of New York City (Mark W. Maclay and John Tilney Carpenter, both of New York City, of counsel), for appellee.

Before ROGERS, MANTON, and HAND, Circuit Judges.


HAND, Circuit Judge.

The suit arose on a libel of information against the steamship Mount Clinton for failure to manifest certain opium surreptitiously imported into the United States. It was tried on stipulation (since it raised only questions of law), by which it was agreed that the master and officers of the Mount Clinton, a common carrier, before sailing from Hamburg had exercised due diligence to prevent opium and other contraband from being imported in the vessel...

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