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STILES v. OCEAN S. S. CO.

No. 339.

34 F.2d 627 (1929)

STILES et al. v. OCEAN S. S. CO.

Circuit Court of Appeals, Second Circuit.

July 3, 1929.

Attorney(s) appearing for the Case

Bigham, Engler, Jones & Houston, of New York City (James N. Senecal, of New York City, of counsel), for appellants.

Haight, Smith, Griffin & Deming, of New York City (Wharton Poor and James McKown, Jr., both of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

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

It is contended that libelants have no cause of action, because title was in the bank. While the rubber was consigned to Bank of the Manhattan Company, the bank indorsed the bill of lading, and the merchandise was delivered to the Pennsylvania Railroad on the order of Wm. H. Stiles & Co., the indorsee. By the indorsement, when notice thereof had been given to the carrier, libelants became vested...

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