
    MORSE DRY DOCK & REPAIR CO. v. MUNSON S. S. CO.
    (Circuit Court of Appeals, Second Circuit.
    February 17, 1908.)
    No. 186.
    Appeal from the District Court of the United States for the Southern District of New York.
    Wheeler, Cortis & Haight, for appellant. Armstrong, Brown & Boland, for appellee.
    Before LACOMBE, COXE, and WARD, Circuit Judges.
   PER CURIAM.

We think the district judge was correct in holding that the action was upon an account stated; his reasons for so holding being fully set out in the opinion. 155 Fed. 150. As the appeal has deprived the ap-pellee of the use of a large sum of money, a great part of which was coneed-edly due to it, we think the decree should be affirmed, with interest and costs, and 5 per cent, damages.  