United States Shipping Board Merchant Fleet Corp. v. Dietrich

SWAN, Circuit Judge.

For an understanding of the errors assigned it is necessary to refer to former litigation between the parties, as well as to analyze carefully the complaint in the present suit.

In August, 1921, plaintiff shipped flour on the steamship Panola, to be carried from Philadelphia to Helsingfors, Finland. The vessel was owned by the United States and operated by Susquehanna Steamship Company under a contract, known as the M. 0. 4 form of agreement, between defendant and its operating agent. The vessel was delayed in sailing, so that plaintiff’s flour was not delivered at the port…