THE JOHN CADWALADER CO.

Nos. 6382, 6409.

99 F.2d 678 (1938)

THE JOHN CADWALADER. KENSINGTON SHIPYARD & DRYDOCK CORPORATION v. PHILADELPHIA NAT. BANK.

Circuit Court of Appeals, Third Circuit.

On Rehearing November 2, 1938.


Attorney(s) appearing for the Case

Wm. E. Lingelbach, Jr., and Arthur Littleton, both of Philadelphia, Pa. (Morgan, Lewis & Bockius, of Philadelphia, Pa., of counsel), for Philadelphia Nat. Bank.

Shields, Clark, Brown & McCown and Charles B. Downs, all of Philadelphia, Pa. (Samuel B. Fortenbaugh, Jr., of Philadelphia, Pa., of counsel), for Kensington Shipyard & Drydock Corporation.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


BUFFINGTON, Circuit Judge.

On March 25, 1931, the Baltimore & Philadelphia Steamboat Company executed a mortgage for $350,000 to the Philadelphia National Bank (hereafter called the bank) on its steamboat John Cadwalader. It was duly recorded in the Custom House at Baltimore, the home port of the vessel, and all things were duly done in accord with the requirements of the Ship Mortgage Act of 1920, § 30, subsec. D, 46 U.S. C.A. § 922, to give such mortgage...

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