The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 1,000
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250 FEDERAL REPORTER
overlooked, or been guilty of a fraud in concealing, what they or one
of them now confessedly has, and so compel its surrender. But this
right or duty of a new trustee can be created or invoked only at the
instance of a party in interest, to wit (so far as this record shows), a
creditor, and it is our opinion that there was, to say the least, ample
evidence justifying the court below in finding that Johnson was not a
creditor, and was not intended to be a creditor, of Graff or Nevins,
after the interchange of mutual releases between the bankrupts and
We need express no opinion further than to hold there was evidence
sustaining the holding complained of, viz. that Johnson was not a
creditor. Therefore there was no abuse of discretion and no error in
matter of law in denying the motion to reopen.
 In so far as the order complained of went beyond a denial of
the motion to reopen, it was without jurisdiction. The estate was
closed, there was no longer a trustee, and the power of the District
Court in respect of the discharged trustee was exhausted. Cf. In re
Hollins, 238 Fed. 787, 151 C. C. A. 637.
The order under review is reversed, except as to the portion thereof
denying the motion to reopen; in that respect it is affirmed. There
will be no costs in this court.
(District Court, E. D. Pennsylvania. May 15, 1918.)
1. SHIPPING M50--HARTER PARTY--CONITRUCTION-PAYMENT TO CHAZrs-
Where a charter party provided that agents of the charterer should
attend to the ship's business on the customary terms, and respondents, as
agents, collected demurrage under directions of the ship's master, held
that, in view of the custom in such matters, they were entitled to retain
a commission of 2% per cent., the usual amount allowed.
2. SHIPPING 4-:M --CHAwBER PARTY-CONSTRUCTION-SHIP'B BUSINESS.
Collection of demurrage is part of a ship's business, within a charter
party providing for compensation therefor at the usual rate.
& SHIPPING -863-MATEn -ATHonRITY.
The master of a vessel has authority to direct the collection of de-
In Admiralty. Libel by the Erkside Steam Shipping Company, Lim-
ited, owner of the British steamship Monkshaven, against Gailey, Davis
& Co. Sur exceptions to answer. Exceptions dismissed, and libel dis-
Willard M. Harris, of Philadelphia, Pa., for libelant.
H. Alan Dawson and Biddle, Paul & Jayne, all of Philadelphia, Pa..
DICKINSON, District Judge. Ordinarily the questions raised by
these exceptions and discussed in the argument would be held to be
4:For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/1015/: accessed February 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.