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TALMADGE v. UNITED STATES SHIPPING BOARD, ETC.

No. 18.

54 F.2d 240 (1931)

TALMADGE v. UNITED STATES SHIPPING BOARD, EMERGENCY FLEET CORPORATION.

Circuit Court of Appeals, Second Circuit.

On Rehearing January 11, 1932.

Attorney(s) appearing for the Case

Delafield, Thorne & Burleigh, of New York City (Colley E. Williams, Claude A. Hope, and James J. Kirwin, Jr., all of New York City, and Charles T. Murphy, of New Rochelle, N. Y., of counsel), for appellant.

George Z. Medalie, U. S. Atty., and O. P. M. Brown, of Washington, D. C., for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

This is an action upon an assigned claim to recover from the Fleet Corporation payments made by it to the American Shipbuilding Company, which should have gone to the plaintiffs' assignors. It will be convenient to ignore the assignment and speak of the assignors as the plaintiffs. The situation arose out of a contract made in June, 1917, between the Shipbuilding Company and the defendant, by which the company was to build four wooden hulls...

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