Lehigh & Wilkes-Barre Coal Co. v. Globe & Rutgers Fire Ins. Co.

(after stating the facts as above). This suit is brought to recover upon two marine certificates of insurance issued by defendant to libelant. The respondent therein agreed to pay to the assured, the libelant, if it became liable to pay and did pay, by way of damages, if the vessel insured or her tow came into “collision.” The aggregate- amount of the damages demanded is $49,389.79. The court below dismissed the libel after hearing the testimony taken in open court and considering the depositions taken out of court. The respondent offered no testimony, although it cross-examined the witnesses…