Mellon v. Purse Bros.

This was a proceeding by notice of motion for a judgment, brought by Purse Brothers, in June, 1921, to *264recover damages for negligent failure to safely transport freight during the period of Federal control. The notice was addressed to, and judgment was asked against, “John Barton Payne, director general of railroads, etc.” In June, 1921, when the proceeding was commenced, John Barton Payne was not director general of railroads, nor statutory agent, having resigned March 28, 1921. James C. Davis was director general and statutory agent in June, 1921. On July 11, 1921, James G. Martin appeared…