
    UNITED STATES SHIPPING BOARD MERCHANT FLEET CORPORATION, to the use of the United States of America, v. THE AETNA CASUALTY AND SURETY COMPANY, a corporation.
    Law No. 80416
    John W. Fihelly and Leo A. Rover for plaintiff,
    Ellis, Ferguson, Houghton & Gary and Bigham, Englar, Jones & Houston of New York City for defendant.
   MEMORANDUM

BAILEY, J.

I think that the requirement of notice contained in the bond is a condition precedent of liability; that the loss sustained was of the character such that notice of loss was required; that notice was not given within the time and in the manner required by the bond, and that there was no waiver by the defendant of the notice required by the bond.  