Legal Opinion

Leathem Smith-Putnam Nav. Co. v. National Union Fire Ins.

Court of Appeals for the Seventh Circuit

Decided May 19, 1938No. 6416PublishedCited by 4 opinions

1Opinion of the Court

LINDLEY, District Judge.

Libelants appeal from a decree dismiss-, ing their libel. They are the owner and mortgage-trustees of the freighter Material Service which sank in Lake.Michigan, just before entering Calumet Harbor, shortly after 1 a. m., July 29, 1936. Respondents are ten underwriters of two insurance policies for more than $200,000.

The basis of the District Court’s decree was the finding that the vessel was unseaworthy, because, of 48 8-inch holes in its hatch leaves, 12 were not provided with *925covers having adequate, workable, locking devices to prevent entry of water from the deck.

Th…

2Cases cited3 opinions

  1. Belden v. ChaseSupreme Court of the United States · 1893
  2. Sun Mutual Insurance v. Ocean InsuranceSupreme Court of the United States · 1883
  3. Chicago S. S. Lines v. United States Lloyds, Inc.Court of Appeals for the Seventh Circuit · 1926

3Cited by4 opinions

  1. Saskatchewan Government Insurance Office v. Spot Pack, Inc.Court of Appeals for the Fifth Circuit · 1957
  2. Afran Transport Co. v. United StatesCourt of Appeals for the Second Circuit · 1970
  3. The Temple BarDistrict Court, D. Maryland · 1942
  4. Afran Transport Company, as Owner of the Steamship Northern Gulf v. United States of America, British American Oil Co., Ltd. v. United States of America, and S.S. Northern Gulf Andafran Transport Company, Claimants-Third PartyCourt of Appeals for the Second Circuit · 1971

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