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COMMERCIAL UNION OF AMERICA v. ANGLO-SOUTH AMERICAN BANK

No. 130.

16 F.2d 979 (1927)

COMMERCIAL UNION OF AMERICA, Inc., v. ANGLO-SOUTH AMERICAN BANK, Limited.

Circuit Court of Appeals, Second Circuit.

January 10, 1927.

Attorney(s) appearing for the Case

George Zabriskie, Franklin F. Russell, Melber B. Chambers, and Zabriskie, Sage, Gray & Todd, all of New York City, for plaintiff in error.

Appleton, Rice & Perrin, of New York City (Edwin T. Rice, of New York City, and Donald H. Starks, of New York City, of counsel), for defendant in error.

Before MANTON and HAND, Circuit Judges, and CAMPBELL, District Judge.

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

It appears to us impossible to construe the phrase, "sailing during the first half of November," otherwise than as meaning that the ship shall break ground during that period. The alternative urged by the plaintiff is that it meant "expected or scheduled" to sail. Now it is quite true that, especially in reference to a named ship, at times we use the phrase as meaning no more than that she is so scheduled, as...

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