Cragin & Co. v. International S. S. Co.

(after stating the facts as above). Admittedly nothing is due the plaintiff individually; it sues as trustee for brokers under Kokusai v. Argos (C. C. A.) 280 F. 700. The existence of the trustee*264ship depends on the truth or falsity of the assertion that plaintiff chartered defendant’s vessel. The truth is that plaintiff did not so charter, but it is asserted here — and this is the gist of the whole case — that, because Suzuki & Co. (being defendant’s agents) sued plaintiff as charterer and recovered judgment for the charter hire, defendant is now estopped of record from denying that defendant…