Pacific Gamble Robinson Co., a Corporation v. United States

Ninth Circuit

Pacific Gamble Robinson Co., a Corporation v. United States

270 F.2d 35, 4 A.F.T.R.2d (RIA) 6163, 1959 U.S. App. LEXIS 3549

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 30, 1959

Docket15818_1

StatusPublished

Cited by3 cases

This text of 270 F.2d 35 (Pacific Gamble Robinson Co., a Corporation v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pacific Gamble Robinson Co., a Corporation v. United States, 270 F.2d 35, 4 A.F.T.R.2d (RIA) 6163, 1959 U.S. App. LEXIS 3549 (9th Cir. 1959).

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Opinion

PER CURIAM.

The opinion in Fisher Flouring Mills Company v. United States, 9 Cir., 270 F.2d 27, is adopted as the opinion of the Court in this case.

Since the bulk of the shipments in controversy in the instant case were paid for by draft on a bank in the United States, although delivery thereof was made in Canada, we hold such payments were not as a matter of law made “within the United States.” The established commercial usage of this country and Canada is that these payments were made in Canada whether the banks upon which the drafts were drawn were situate in that country or this. Unquestionably, the actual intent of both the shipper and the railroad conformed thereto. The Court of Claims, by a divided court, held the opposite in Kellogg Company v. United States, 133 F.Supp. 387, 132 Ct.Cl. 507. The Supreme Court denied certiorari.

We have been admonished that denial of certiorari does not indicate a *36 leaning one way or the other as to the questions involved in the opinion sought to be reviewed. The determination of the Court of Claims might have been upon the facts. There is no such finding of fact in the ease before us.

Reversed.

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PER CURIAM.

The opinion in Fisher Flouring Mills Company v. United States, 9 Cir., 270 F.2d 27, is adopted as the opinion of the Court in this case.

Since the bulk of the shipments in controversy in the instant case were paid for by draft on a bank in the United States, although delivery thereof was made in Canada, we hold such payments were not as a matter of law made “within the United States.” The established commercial usage of this country and Canada is that these payments were made in Canada whether the banks upon which the drafts were drawn were situate in that country or this. Unquestionably, the actual intent of both the shipper and the railroad conformed thereto. The Court of Claims, by a divided court, held the opposite in Kellogg Company v. United States, 133 F.Supp. 387, 132 Ct.Cl. 507. The Supreme Court denied certiorari.

We have been admonished that denial of certiorari does not indicate a *36 leaning one way or the other as to the questions involved in the opinion sought to be reviewed. The determination of the Court of Claims might have been upon the facts. There is no such finding of fact in the ease before us.

Reversed.

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270 F.2d 35, 4 A.F.T.R.2d (RIA) 6163, 1959 U.S. App. LEXIS 3549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pacific-gamble-robinson-co-a-corporation-v-united-states-ca9-1959.

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