Boston Ins. v. City of New York

This appeal turns upon whether the libellant proved those allegations of its libel which were in issue. The first of these was its incorporation which the answer denied and which the libellant did not attempt to prove. Although the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, have not yet been extended to admiralty and we cannot therefore invoke Rule 9(a), the practice in admiralty is concededly extremely plastic and always has been so (E. I. Dupont de Nemours & Co. v. Vance, 19 How. 162, 15 L.Ed. 584) and it is legitimate to treat it as not immune to some of the…