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MELLON v. WEISS

No. 223.

270 U.S. 565 (1926)

46 S.Ct. 378

70 L.Ed. 736

MELLON, AGENT, ETC. v. WEISS, ADMINISTRATOR, ETC.

Supreme Court of United States.

Decided April 12, 1926.

Attorney(s) appearing for the Case

Mr. Arthur W. Blackman for petitioner.

Mr. John W. Keith, with whom Mr. Benjamin Rabalsky was on brief, for respondent.

Mr. JUSTICE BRANDEIS delivered the opinion of the Court.

In November, 1918, while the New York, New Haven & Hartford Railroad was under federal control, a bale of rags was received for shipment to Louis Cutler, the owner. The reasonable time for delivery expired in December, 1918. The rags were never delivered. Cutler assigned his claim for damages to Nominsky. In May, 1919, the latter commenced this action thereon in a state court of Massachusetts. Because he...

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