Kuttroff v. Sutherland

AUGUSTUS N. HAND, Circuit Judge.

The complainants, American citizens, brought suit against the Alien Property Custodian and the Treasurer of the United States, pursuant to provisions of section 9 of the Trading with the Enemy Act (50 USCA Appendix § 9), to recover $440,500 (par value) of bonds of the Second, Third, and Fourth United States Liberty Loans and interest. These bonds were seized on March 19, 1919, as enemy owned property by Francis P. Gar-van, the then Alien Property Custodian. They were in fact not enemy owned, but belonged to the complainants. Judge Bondy, who tried the case in…