Matoil Service & Transport Co. v. Schneider

JONES, Circuit Judge.

The plaintiff, as the owner of a tank barge, sued the defendant in the District Court for the District of New Jersey to recover the reasonable value of the use made by the defendant of the barge for storage purposes while it was in the defendant’s hands as United States Marshal under a writ of seizure issued out of the District Court for New Jersey. The case was tried to the court below without a jury upon stipulated facts. The trial court dismissed the complaint and entered judgment for the. defendant for costs, from which the plaintiff appeals.

The controversy arose out…