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BERKELHAMMER v. POTTER

Nos. 2109, 2139.

23 F.2d 375 (1928)

BERKELHAMMER v. POTTER et al. KIRSCH v. UNITED STATES.

Circuit Court of Appeals, First Circuit.

January 18, 1928.

Attorney(s) appearing for the Case

William H. Lewis, of Boston, Mass. (Matthew L. McGrath and Isidore H. Fox, both of Boston, Mass., on the brief), for appellant Berkelhammer.

John F. Myron, of Boston, Mass. (Innes, Cottrell & Myron, of Boston, Mass., on the brief), for appellant Kirsch.

Elihu D. Stone, Asst. U. S. Atty., of Boston, Mass. (Frederick H. Tarr, U. S. Atty., of Gloucester, Mass., on the brief), for appellees.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

JOHNSON, Circuit Judge.

As these two cases grow out of the same subject-matter, they may be treated in one opinion.

They are before us upon an agreed statement of facts, which is in substance as follows:

Jacob A. Kirsh, sometimes called Jacob A. Kirsch, of New York, on or about the 12th day of July, 1921, was the legal owner of the steamship Tyburton and her cargo of 250 drums of alcohol, which cleared the port of New York with her cargo for Monrovia...

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