Daniels

Daniels v. United States

Good Law
51 F.2d 646·1931 A.M.C. 1529·1931 U.S. App. LEXIS 2948
United States Court of Appeals for the Ninth CircuitAugust 4, 1931No. 6352California1,794 words

Opinion

Lead Opinion

Wilbur, J.

The libelant charged respondent vessel with having engaged in a trade other than that for which she was licensed, -in violation of 46 USCA § 325, Rev. St. § 4377, and with having been fraudulently registered in violation of 46 USCA § 60, Rev. St. § 4189.

Ward Daniels, claimant and appellant, filed an intervening petition and answer denying the allegations of the libel and alleging that he was the owner of the respondent vessel by purchase thereof from the registered owner, James H. Curwin, on December 5, 1928, for the sum of $9,542; that at the time he purchased said vessel he did not know that it had violated any law or any of the conditions of its enrollment or license or had committed any of the acts alleged in the libel, or that the enrolled owner, James H. Curwin, or the enrolled master, John Mc-Cluskey, had made or executed any false oath *647 for the purpose of obtaining a license for said vessel. The matter was heard by a commissioner in pursuance of stipulation. The commissioner made findings and reported his conclusions and recommendations to the court, to the effect that the charges of the libel hereinbefore stated were true, and holding that the vessel should be…

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