214 F. 772 | 2d Cir. | 1914
The plaintiff is the receiver of the Gilbert Transportation Company, a Connecticut corporation with its principal office at Mystic in that state. Its business at all times was carrying freight by water and it owned and operated a large number of vessels for that purpose. The plaintiff, by virtue of his appointment dated October 5, 1909, was authorized to take possession of and manage all the company’s vessels and property and to continue the conduct of its business. Between October 5, 1909, and December 30, 1909, the plaintiff, as such receiver, transported on the company’s vessels a large quantity of stone from Maine and discharged the same at places designated by the defendant, which was engaged in constructing the Cape Cod Canal at Barnstable Bay, Mass.
Regarding the first four items as set out in paragraph VIII of the complaint the plaintiff can recover only for such part thereof as was rendered by him. The. work of discharging the stone as to all but the first two items was probably performed by him and this is true also as to a part of the transportation. Such part of the transportation and discharge as was done by the Transportation Company before the appointment of the receiver should be deducted from the amount demanded in the complaint.
The judgment is reversed with costs.