Atlantic Transport Co. v. Durning

BYERS, District Judge.

This is an action at law in which the plaintiff as charterer of the steamship Pennsylvania seeks to recover the sum of $1,000.00 which it paid to the Collector of Customs of the Port of New York in July of 1934 in order to obtain clearance of that vessel.

The facts have been stipulated and the cause was fried before a jury of one. The following, taken from the stipulation, can serve as findings of fact:

“1. The plaintiff is a corporation duly organized and existing under the laws of the State of West Virginia and has a place of business at 1 Broadway, New York, N. Y.

“2.…