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NAAMLOOZE VENNOOTSCHAP, ETC. v. MORAN TOWING & TRANSP. CO.

11 F.2d 377 (1925)

NAAMLOOZE VENNOOTSCHAP MAATSCHAPPIJ STOOMSCHIP BARENDRECHT (Barendrecht Steamship Company, Limited) v. MORAN TOWING & TRANSPORTATION CO. THE BARENDRECHT. THE CATHERINE MORAN. NAAMLOOZE VENNOOTSCHAP MAATSCHAPPIJ STOOMSCHIP BARENDRECHT v. UNITED STATES.

District Court, S. D. New York.

November 19, 1925.

Attorney(s) appearing for the Case

Emory R. Buckner, U. S. Atty., of New York City (Anthony M. Menkel, of New York City, of counsel), for the United States.

Park, Mattison & Lynch, of New York City (Henry E. Mattison, of New York City, of counsel), for Moran Towing & Transportation Co.

AUGUSTUS N. HAND, District Judge.

I do not think that the cases holding that the government is not liable for interest on claims against it, in the absence of statutes expressly providing therefor, are applicable to the present situation. The claim against the government here is not based upon any statute, nor does the claim for interest rest upon a matter of statutory interpretation.

The government could not be held liable at all, except for the doctrine...

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