The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 47
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WHITEHURST V. UNITED STATES 47
such effect, a reference in the charge to inferior or deleterious nitrate of
soda was irrelevant and harmless.
6. Trial e=-252 (20)-Instruction as to damages about which there was no dis-
pute held irrelevant.
In an action for the value of nitrate of soda stolen from the govern-
ment and sold to defendants, where there was no dispute as to its value, a
requested instruction that the government was entitled to recover only
the actual value was irrelevant, and properly refused.
In Error to the District Court of the United States for the Eastern
District of Virginia, at Norfolk; Edmund Waddill, Jr., Judge.
Separate actions by the United States against W. L. Whitehurst,
against W. E. Hudgins, and against N. M. Jones, which by consent
were tried together. Judgments for the United States, and each de-
fendant brings error. Affirmed.
Thomas H Willcox, of Norfolk. Va. (William W. Old, Jr., of Nor-
folk, Va., on the brief), for plaintiffs in error Whitehurst and Jones.
James G. Martin, of Norfolk, Va. (Fred C. Abbott, of Norfolk, Va.,
on the brief), for plaintiff in error Hudgins
Hiram M. Smith, Sp. Asst. U. S. Atty., of Richmond, Va.
Before KNAPP and WOODS, Circuit Judges.
WOODS, Circuit Judge. In each of these actions of assumpsit, tried
together by consent, the United States recovered judgment for the al-
leged value of nitrate of soda charged to have been stolen by W. B.
Tredwell and sold to the defendants separately Error is assigned in
the admission of testimony and in the instruction on the measure of
In August, 1918, the United States, through W. R. Grace & Co. and
Wessel-Duval Company, ship agents, imported two shiploads of ni-
trate of soda to the port of Norfolk, in the ships Eastern Star and
,Russ. The ship agents employed W. B. Tredwell, a stevedore, to un-
load the nitrate into cars on the Norfolk & Western Railroad and bill
it to munition plants as directed by the Ordnance Department. After
some of these cars had been loaded. Tredwell billed them to fertilizer
companies and other consumers, and invoiced and forwarded fictitious
bills of lading to the munition plants. He was convicted of larceny
for the alleged offense, and the judgment was affirmed by this court.
266 Fed. 350.
[1J The specific claims of the government are that three of the
cars, marked "St. L. & S. F 122972," "D., L. & W 26219," and "C.,
M. & St. P. 90482," were consigned to the defendants, respectively,
and the contents converted by them. To establish its claim against the
defendants it was necessary for the government to prove the fact that
Tredwell had stolen the contents of the cars received by defendants.
For this purpose parol testimony was introduced to the effect that the
cargoes unloaded from the ships and placed on cars by Tredwell con-
sisted of nitrate of soda belonging to the United States, which it was
his duty to consign to government munition plants. The government
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 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/69/: accessed May 24, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.