CRAGIN & CO. v. INTERNATIONAL S. S. CO.

No. 16.

15 F.2d 263 (1926)

CRAGIN & CO., Inc., v. INTERNATIONAL S. S. CO.

Circuit Court of Appeals, Second Circuit.

November 8, 1926.


Attorney(s) appearing for the Case

Sobel & Brand, of New York City (Joseph I. Green, of New York City, of counsel), for plaintiff in error.

Hunt, Hill & Betts, of New York City (George C. Sprague and H. Victor Crawford, both of New York City, of counsel), for defendant in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

Admittedly nothing is due the plaintiff individually; it sues as trustee for brokers under Kokusai v. Argos (C. C. A.) 280 F. 700. The existence of the trusteeship depends on the truth or falsity of the assertion that plaintiff chartered defendant's vessel. The truth is that plaintiff did not so charter, but it is asserted here — and this is the gist of the whole...

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