Chicago Ins. Co. v. Graham & Morton Transp. Co.
Court of Appeals for the Seventh Circuit
In Admiralty. Appeal from the District Court of the United States for the Northern District of Illinois. The Graham & Morton Transportation Company filed its libel in personam in the court below to recover a sum of money claimed to be due on a policy of marine' insurance issued to it by the Chicago Insurance Company.
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In Admiralty. Appeal from the District Court of the United States for the Northern District of Illinois. The Graham & Morton Transportation Company filed its libel in personam in the court below to recover a sum of money claimed to be due on a policy of marine' insurance issued to it by the Chicago Insurance Company. The assured was engaged in the business of transporting and carrying by water, for hire, passengers and freight between different ports and places on the Great Lakes and waters emptying into the seas, and on the 9th of December’, 1897, took from the Chicago Insurance Company an…
1Opinion of the CourtJenkins, Circuit Judge
The motion to dismiss presents the question whether in an admiralty cause an assignment of errors is essential for the purpose of an appeal. It may not be denied that, prior to the organization of the circuit courts of appeals, upon appeal in an admiralty cause from the district to the circuit court no assignment of errors was necessary. The cause was there to be tried anew, as if no decree had been rendered; the appeal superseding and vacating the decree from’ which it was taken. The cause in the circuit court could be iieard on,new pleadings and further evidence. Yeaton v. U. S., 5 Cranch,…
2Cases cited8 opinions
- Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809
- Irvine v. the HesperSupreme Court of the United States · 1887
- Washburn & Moen Manufacturing Co. v. Reliance Marine InsuranceSupreme Court of the United States · 1900
- The LucilleSupreme Court of the United States · 1874
- Bucklin v. United StatesSupreme Court of the United States · 1895
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3Cited by3 opinions
- Koehler v. United StatesCourt of Appeals for the Seventh Circuit · 1951
- Crosby Transp. Co. v. SautterCourt of Appeals for the Seventh Circuit · 1912
- Chicago Ins. v. Graham & Morton Transp. Co.Court of Appeals for the Seventh Circuit · 1901