United States Grain Corp. v. Phillips, 261 U.S. 106 (1923)

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United States Grain Corporation v. Phillips


No. 290


Argued January 23, 1923
Decided February 19, 1923
261 U.S. 106

ERROR TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. The right of a naval officer to a percentage on gold received on board and carried as freight, upon his responsibility (Rev.Stats., § 1624, 1547; Navy Regulations [1913] Art. 1510) did not attach to gold held and shipped by the United States Crain Corporation, as an agency of the United States, and the obligation to carry which, upon the same terms as property of the United States, was recognized by the Secretary of the Navy. P. 113.

2. It was immaterial in such case that the legal title to the gold was in the Grain Corporation and that the corporation, in other relations, might be treated as a distinct personality whose property was subject to execution. P. 113.

279 F. 244 reversed.

Error to a judgment of the circuit court of appeals for the plaintiff, entered upon motion of the defendant (the present plaintiff in error) after that court had reversed a judgment directed for the defendant by the district court, in an action to recover compensation for transporting gold.