Snare & Triest Co. v. St. Paul Fire & Marine Ins. Co.
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Southern District of New York. Action by the Snare & Triest Company against the St. Paul Eire & Marine Insurance Company. Judgment for defendant, and plaintiff brings error. In October, 1913, the Snare Company (plaintiff here and below) owned a certain scow lying at the time in the harbor of Havana, Cuba, where she had been for some time.
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In Error to the District Court of the United States for the Southern District of New York. Action by the Snare & Triest Company against the St. Paul Eire & Marine Insurance Company. Judgment for defendant, and plaintiff brings error. In October, 1913, the Snare Company (plaintiff here and below) owned a certain scow lying at the time in the harbor of Havana, Cuba, where she had been for some time. Plaintiff employed Johnson & Higgins to procure marine insurance on this scow, which they intended to bring back to the United States. These brokers made written application on behalf of plaintiff…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). [1] While under the jury’s verdict we must hold that the word “docked” meant “dry-docked,” we are of opinion that under the other circumstances shown no evidence was necessary to reach this conclusion. The acceptance of the application-closed the contract for insurance; when and as approved by the insurer or his agent it whs in substance a “binder” (Muller v. Globe, etc., Co., 246 F. 759, 159 C. C. A. 61), although no formal paper called a binder was in this case issued — a practice frequently followed. The word “docked,” when used in such an instrument, is…
2Cases cited7 opinions
- Hazard's Administrator v. New England Marine InsuranceSupreme Court of the United States · 1834
- Muller v. Globe & Rutgers Fire Ins. of New YorkCourt of Appeals for the Second Circuit · 1917
- Hughes v. Union Insurance Co. of BaltimoreSupreme Court of the United States · 1823
- Dow v. WhettenCourt for the Trial of Impeachments and Correction of Errors · 1831
- Lunt v. Boston Marine Ins.U.S. Circuit Court for the District of Southern New York · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Navegacion Goya, S. A. v. Mutual Boiler & MacHinery InsuranceDistrict Court, S.D. New York · 1975
- Bella SS Co. v. Insurance Co. of North AmericaCourt of Appeals for the Fourth Circuit · 1925
- Wathen v. Public Fire Ins.Court of Appeals for the Second Circuit · 1932
- Cabaud v. Federal Ins. Co.Court of Appeals for the Second Circuit · 1930
- Becker, Moore & Co. v. United States Fidelity & Guaranty Co.Court of Appeals for the Second Circuit · 1935
1 more not listed; retrieve them via the Exa API.