Coyle v. Archibald McNeil & Sons Co.

LEARNED HAND, District Judge.

This is like the Morrisdale Case with two exceptions: First, the confiscation of some 3,000 and odd tons of coal which had actually arrived at tidewater; second, the set-off of credits purchased after the exchange closed.

The first arose from the right exercised by the government during the coal shortage to seize coal anywhere and belonging to any one. If the matter rested there, I should regard the confiscation as a pool loss. I have already in the New River Collieries Case, 284 Fed. 287, stated my reasons for believing that each pool was to be treated as a mass…