On the authority of Cosmopolitan Shipping Co., Inc., v. McAllister, 1949, 69 S.Ct. 1317, and Fink v. Shepard S. S. Co. (Gaynor v. Agwilines, Inc.), 1949, 69 S.Ct. 1330, the judgment of the District Court is set aside and the case is remanded to that court for 'the entry of a judgment for the defendant on both counts of the complaint.