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KEMSLEY, MILLBOURN & CO. v. UNITED STATES

No. 328.

19 F.2d 441 (1927)

KEMSLEY, MILLBOURN & CO., Limited, v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

May 2, 1927.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City (William E. Collins, Sp. Asst. U. S. Atty., of New York City, of counsel), for the United States.

Bigham, Englar & Jones, of New York City (Henry N. Longley and James N. Senecal, both of New York City, of counsel), for appellee.

Before L. HAND and SWAN, Circuit Judges, and CAMPBELL, District Judge.

PER CURIAM.

How it can be supposed that the written addendum to the copy of the Morristown's manifest was competent proof of transshipment we do not see. It is urged that it is in the same hand as the signature of the ship's agents at Sydney. We should say not, but we cannot be called on to act as experts in handwriting. Our ruling in The Spica, 289 F. 437, is not to be taken as throwing all rules of evidence to the winds. Nobody knows under what circumstances the...

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