American Surety Co. v. Sullivan

HAND, Circuit Judge.

Sullivan sued Wilcox under R. S. § 1735 (Comp. St. § 3193), for willfully neglecting to perform a duty imposed upon him by law. The case was as follows:

Sullivan was a sea captain, and in November, 1916, engaged with one De la Eoneiere, an alien, as master of the schooner Fanny Hodgkins, for a voyage from the United States to Point á Pitre, Guadaloupe. The schooner left New York on May 1st and reached Point a Pitre on May 30th, where Sullivan delivered his papers to the vice consul. ■■

Wilcox was American consul for the island, and on March 16th had received a wire from the…