New York & P. R. S. S. Co. v. Ætna Ins.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of New York; Learned Hand, Judge. Suit in admiralty by the New York & Porto Rico Steamship Company against the 2Etna Insurance Company. Decree for libelant, and respondent appeals.
1Opinion of the Court
WARD, Circuit Judge.
The libelant, which operates the steamer Santurce for its own account and risk, except of total loss, took out insurance with the respondent, covering the interest of the owner and of itself as charterer of the steamer, for one year from June 2, 1904, to cover risks in the policy mentioned. December 11, 1904, the steamer sailed from New York to ports in Porto Rico. She was then entirely seaworthy. Her propeller was new and she had a spare one on board. On the voyage the increased speed of the engines indicated that something had happened to the propellér. Thereupon the…
2Cases cited4 opinions
- Union Insurance v. SmithSupreme Court of the United States · 1888
- Kuh v. British America Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Kuh v. British America Assurance Co.New York Supreme Court · 1908
- Rouse v. Insurance Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1862
3Cited by25 opinions
- Saskatchewan Government Insurance Office v. Spot Pack, Inc.Court of Appeals for the Fifth Circuit · 1957
- ætna Ins. Co. v. Houston Oil & Transport Co.Court of Appeals for the Fifth Circuit · 1931
- Insurance Co. of North America v. WilliamsSupreme Court of Alabama · 1917
- Henjes v. Aetna Ins. Co.Court of Appeals for the Second Circuit · 1943
- Ætna Ins. v. Sacramento-Stockton S. S. Co.Court of Appeals for the Ninth Circuit · 1921
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