AMERICAN SURETY CO. v. SULLIVAN

No. 273.

7 F.2d 605 (1925)

AMERICAN SURETY CO. OF NEW YORK et al. v. SULLIVAN.

Circuit Court of Appeals, Second Circuit.

April 6, 1925.


Attorney(s) appearing for the Case

Emory R. Buckner, U. S. Atty., of New York City (Francis A. McGurk, Asst. U. S. Atty., of New York City, of counsel), for plaintiffs in error.

Winifred Sullivan, of New York City, for defendant in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.


HAND, Circuit Judge.

Sullivan sued Wilcox under R. S. § 1735 (Comp. St. § 3193), for willfully neglecting to perform a duty imposed upon him by law. The case was as follows:

Sullivan was a sea captain, and in November, 1916, engaged with one De la Roncière, an alien, as master of the schooner Fanny Hodgkins, for a voyage from the United States to Point à Pitre, Guadaloupe. The schooner left New York on May 1st and reached Point à Pitre...

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