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MERCANTILE BANK v. FLOWER LIGHTERAGE CO.

No. 106.

10 F.2d 705 (1926)

MERCANTILE BANK OF THE AMERICAS, Inc., v. FLOWER LIGHTERAGE CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

February 8, 1926.

Attorney(s) appearing for the Case

Davies, Auerbach & Cornell, of New York City (Charles E. Hotchkiss and Martin A. Schenck, both of New York City, of counsel), for appellant.

Foley & Martin, of New York City (Patrick J. Dobson and William J. Martin, both of New York City, of counsel), for appellee Flower Lighterage Co.

Bigham, Englar & Jones, of New York City (Richard F. Shaw and Leonard J. Matteson, both of New York City, of counsel), for appellee Mercantile Bank.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

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

In so far as the decree below dismissed the libel against Flower Company, it was right, because there was no proof, nor even attempt to prove, that the Huron was either unseaworthy or negligently handled. On this record there never was any excuse for filing the libel. The correctness of the decree, in so far as it awarded damages against Dock Company, depends on the nature and effect of the suit brought by Flower...

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