PAPALIOLIOS v. DURNING

No. 236, Docket 21296.

175 F.2d 73 (1949)

PAPALIOLIOS v. DURNING.

United States Court of Appeals Second Circuit.

Decided May 26, 1949.


Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox & Keating, New York City (Delbert M. Tibbetts, New York City, of counsel), for plaintiff.

John F. X. McGohey, United States Attorney for the Southern District of New York, New York City (Arthur C. Power, New York City, of counsel), for defendant.

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


FRANK, Circuit Judge.

1. The gist of the action was the validity of the demand for payment of the fine to obtain clearance in 1948. Since the master, in bringing the action, had been acting for the owner and the agents, payment of the fine by the agents did not, we think, render the action moot. The District Court should have allowed the complaint to be amended so that the suit could continue as one for the recovery of the $1,500. Intervention by the agents was permissible...

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