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RUBY S. S. CO. v. JOHNSON & HIGGINS

No. 180.

18 F.2d 948 (1927)

RUBY S. S. CO. v. JOHNSON & HIGGINS.

Circuit Court of Appeals, Second Circuit.

April 4, 1927.

Attorney(s) appearing for the Case

Lampke & Stein, of New York City (Edward Francis Treadwell, of San Francisco, Cal., and Chauncey E. Treadwell and Henri C. Jacques, both of New York City, of counsel), for plaintiff in error.

Kirlin, Woolsey, Campbell, Hickox & Keating, of New York City (Cletus Keating, Ira Campbell, and Roger B. Siddall, all of New York City, of counsel), for defendants in error.

Before HOUGH, HAND, and MACK, Circuit Judges.

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

The question presented on this writ of error is whether or not the District Judge erred in directing a verdict for defendant on each of two counts — the first for breach of contract in revoking the alleged customary 30-day credit on the November 12th installment; the second for conversion of the insurance policies by their cancellation, to the alleged damage of the plaintiff in the sum of $410,000.

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