Gloucester Ins. v. Younger
U.S. Circuit Court for the District of Massachusetts
[Appeal from the district court of the United States for the district of Massachusetts.] This appeal from the district court [Case No. 18,183] came before this court on the following agreement:— “This is a libel founded on a policy of insurance, which comes before the court on appeal from the uistrict court, and under an agreement filed early in the case, and in the anticipation that much testimony would be produced on both siaes, that the-fnding of the judge of the district…
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[Appeal from the district court of the United States for the district of Massachusetts.] This appeal from the district court [Case No. 18,183] came before this court on the following agreement:— “This is a libel founded on a policy of insurance, which comes before the court on appeal from the uistrict court, and under an agreement filed early in the case, and in the anticipation that much testimony would be produced on both siaes, that the-fnding of the judge of the district court upon the facts in-evidence should be conclusive, but that in the appellate court all matters of law should be…
1Opinion of the Court
SPRAGUE, District Judge.
In this case, two principal questions arise, depending partly on law and.partly on facts; first, whether there has been abandonment, and second, whether the abandonment has been accepted. I find it more convenient to consider the latter question first, namely, if there has been an abandonment, has it been accepted? The respondents took possession of the vessel and repaired her, and offered to return her to the owner upon his paying a portion of the expenses of repairs,-intending, no doubt, the one third new for old, and perhaps a part of the expense of getting her off,…
2Cases cited2 opinions
- Griswold v. New-York InsuranceNew York Supreme Court · 1808
- Griswold v. New-York InsuranceNew York Supreme Court · 1806
3Cited by8 opinions
- The BarnstableSupreme Court of the United States · 1901
- Witcher Construction Co. v. Saint Paul Fire & Marine Insurance Co.Court of Appeals of Minnesota · 1996
- Insurance Co. of Pennsylvania v. Proceeds of the Sale of the Barge WaubausheneU.S. Circuit Court for the District of Northern New York · 1885
- Marsh v. HallCourt of Appeals for the Fourth Circuit · 1892
- Northwestern Transp. Co. v. Continental Ins. Co.U.S. Circuit Court for the District of Eastern Michigan · 1885
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