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CHES. & DEL. CANAL CO. v. UNITED STATES

No. 192.

250 U.S. 123 (1919)

39 S.Ct. 407

63 L.Ed. 889

CHESAPEAKE & DELAWARE CANAL COMPANY v. UNITED STATES.

Supreme Court of United States.

Decided May 19, 1919.

Attorney(s) appearing for the Case

Mr. Charles J. Biddle, with whom Mr. Charles Biddle, Mr. Andrew C. Gray, Mr. J. Rodman Paul and Mr. R. Mason Lisle were on the brief, for plaintiff in error.

The Solicitor General, Mr. Assistant to the Attorney General Todd and Mr. Lincoln R. Clark, for the United States, submitted.

MR. JUSTICE CLARKE delivered the opinion of the court.

In 1912 the United States sued the Canal Company to recover the amount of three dividends which had been declared on shares of its capital stock owned by the Government, in the years 1873, 1875, and 1876, payment of which, it was averred, had been refused when demand was made therefor in the year 1911.

After various vicissitudes the case went to trial on issue joined on the plea of payment by the Company...

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