Legal Opinion

Farmers' Feed Co. v. Insurance Co. of North America

Court of Appeals for the Second Circuit

Decided December 15, 1908No. 101PublishedCited by 3 opinions

Appeal from the District Court of the United States for the Southern District of New York. On appeal by respondent from a decree in favor of the libelant for $4,658.30 in an action upon a policy of marine insurance. The facts are set out, in extenso, in the opinion of the District Judge which is reported in 162 Fed. 379.

1Opinion of the Court

. COXE, Circuit Judge.

The action was brought to recover the loss on a cargo of brewers’ grain while being carried on the libelant’s barge, Lydia L. Mackey, from Newton Creek to Pier 14, North river, September 11, 1906. The cargo was insured by the respondent by a time policy for one year from April 30, 1906. The amount of insurance was $4,500 and the premium was $157.50, being at the rate of 314 per cent. The ordinary rate was from 2 to 2⅜ Per cent. On the day of the loss the Mackey was being towed by the tug Vigilant on a hawser. 'An empty coal barge was made fast to the Mackey on her…

2Cases cited1 opinion

  1. Thebaud v. . Great Western Ins. Co.New York Court of Appeals · 1898

3Cited by3 opinions

  1. Compania De Navegacion Interior, S. A. v. Fireman's Fund InsuranceSupreme Court of the United States · 1928
  2. American Merchant Marine Ins. v. Margaret M. Ford Corp.Court of Appeals for the Second Circuit · 1920
  3. Fireman's Fund Ins. v. Compania De Navegacion, Interior, S. A.Court of Appeals for the Fifth Circuit · 1927

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