Houston Oil & Transport Co. v. Ætna Ins.
District Court, S.D. Texas
1Opinion of the Court
HUTCHESON, District Judge.
That the policy was issued, the fire occurred, and the loss has been sustained, is conceded. It is tbe contention of-tbe respondent that there can be no recovery, because, as claimed by it, contrary to the warranty of-the assured, the vessel was not at the time of the fire in charge of a competent watchman.
Libelant answers this contention with the claim;(1) That the warranty referred to was not a part of the contract of insurance as actually signed, because there had been substituted for the general form a special form covering fire only, the terms of the risk on…
2Cases cited23 opinions
- Union Fish Co. v. EricksonSupreme Court of the United States · 1919
- Sweaney & Smith Co. v. St. Paul Fire & Marine InsuranceIdaho Supreme Court · 1922
- Hanover Fire Insurance v. GustinNebraska Supreme Court · 1894
- New York & P. R. S. S. Co. v. Ætna Ins.Court of Appeals for the Second Circuit · 1913
- Lancaster v. Southern Insurance Co.Supreme Court of North Carolina · 1910
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3Cited by3 opinions
- Fish v. Nationwide Mutual Insurance Co.Supreme Court of Vermont · 1967
- Klock v. Allstate InsuranceNew York Supreme Court · 1962
- Employers Mutual Casualty Co. v. Trinity Universal Insurance Co.Court of Appeals of Texas · 1964