Gershon Bros. Co. v. United States
| Decision Date | 10 November 1922 |
| Docket Number | 3929. |
| Citation | 284 F. 849 |
| Parties | GERSHON BROS. CO. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Harold Hirsch and W. D. Thomson, both of Atlanta, Ga., for plaintiff in error.
C. P Goree, Asst. U.S. Atty., and John W. Henley, Asst. U.S Atty., both of Atlanta, Ga.
Before WALKER, BRYAN, and KING, Circuit Judges.
This was a suit under section 10 of the Act of Congress approved August 10, 1917 (Comp. St. 1918, Comp. St. Ann. Supp. 1919 Sec. 3115 1/8ii), entitled 'An act to provide further for the national security and defense,' etc. (40 Stat. 276 279), to recover the difference between the amount paid to the plaintiff in error (herein called plaintiff), for storage space, being a warehouse rented and used by the plaintiff, requisitioned and taken by the United States in December, 1918, and retained and used by it until June 30, 1919, and the amount which the plaintiff claimed was just compensation for such taking and use.
The plaintiff claimed, in addition to the fair rental value of the property taken and used, the alleged difference in rent between the premises plaintiff vacated and those into which it moved, the amount of expense of moving plaintiff's stock from the one warehouse to the other, for loss and breakage in moving, for increased insurance, and other increased expenses, consequent upon the removal, and the value of the unexpired term of its lease, which ran until May 31, 1922, of the warehouse taken. The court ruled against the items claimed, other than the first-mentioned one. By agreement the case was tried without a jury. There was judgment in favor of the plaintiff for the amount of the difference between what had been paid by the defendant and what the court found to be the market value of the space taken for the time the defendant had it.
The plaintiff asserted the right to recover more than the equivalent for the...
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...Congress can cure. Mr. Justice BLACK joins in this opinion. 1 Compare with the decision below, 7 Cir., 140 F.2d 873; Gershon Bros. Co. v. United States, 5 Cir., 284 F. 849; National Laboratory & Supply Co. v. United States, D.C., 275 F. 218; United States v. Entire Fifth Floor, D.C., 54 F.S......
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