Legal Opinion

Mark v. Home Ins. Co.

Court of Appeals for the Second Circuit

Decided December 3, 1894No. 7PublishedCited by 1 opinion

Appeal from the District Court of the United States for the Southern District of New York. , This was a libel by George Mark and P. A. Pales, owners of the tugboat D. L. Planagan, against the Home Insurance Company, (o recover upon a policy of marine insurance. The district court rendered a decree for the' defendant. Libelants appeal.

1Opinion of the Court

LACOMBE, Circuit Judge.

The libelants seek to recover under a policy of insurance, issued by respondent, for the loss of their tug D. L. Planagan, destroyed by fire about 3:30 a. m., June 15, 1800. It is in dispute upon the testimony whether the Planagan took fire while still within the waters of Chesapeake Bay, or after she had passed Cape Henry, on her way out to sea. It is conceded, however, that the catastrophe happened after she had sailed from Norfolk, Va., on a voyage to Charleston, S. C. The policy of insurance is dated January 7, 1890, and is for one year from January 3, noon, 1890,…

2Cited by1 opinion

  1. St. Paul Fire & Marine Ins. v. Knickerbocker Steam Towage Co.Court of Appeals for the First Circuit · 1899

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