Red Top Brewing Co. v. Mazzotti

FRANK, Circuit Judge.

The facts are sufficiently stated in Judge Bondy’s opinion, reported in 107 F.Supp. 921.

The meal was shipped from Brazil to the United States. The policies insured against loss due to condemnation of the meal by the U. S. Pure Food and Drug Administration. As the meal was so condemned, that loss occurred. But the underwriters defend on the ground that there was a breach of a warranty, peculiar to these policies, reading thus:

“Warranted Brazilian Department Agriculture and/or Lloyd’s and/or Board Underwriters of New York and/or Sociedad Brasiliera de Super-intendencia de…