The Ontario
District Court, E.D. Michigan
Ill Admiralty. This was a libel by the Northwestern Transportation Company, owner of the Ontario, against the Boston Marine Insurance Company, to recover a general average loss. The facts connected with this loss were substantially as follows: The propeller Ontario, valued at $55,000, was insured against total loss and general average onty in five companies, of which the respondent was one.
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Ill Admiralty. This was a libel by the Northwestern Transportation Company, owner of the Ontario, against the Boston Marine Insurance Company, to recover a general average loss. The facts connected with this loss were substantially as follows: The propeller Ontario, valued at $55,000, was insured against total loss and general average onty in five companies, of which the respondent was one. The policy in suit contained the following exception to the general liability of the respondent as insurer: “Excepting all perils, losses, misfortunes, or expenses consequent upon, or arising from,…
1Opinion of the CourtBrown, J.
At the time this case was originally submitted the principal argument of the respondent was addressed to the point that the action had not been brought within the time required by the policy. The question was indeed raised that the libelant was not entitled to recover by reason of the exception in the policy of losses and perils occasioned by negligence, but the point was not dwelt upon or considered with the care its importance demanded, and an interlocutory decree was ordered for the libelant without much reflection. The case comes now before the court upon the report of the commissioner,…
2Cases cited21 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Waters v. Merchants' Louisville InsuranceSupreme Court of the United States · 1837
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3Cited by6 opinions
- Conrad v. De MontcourtSupreme Court of Missouri · 1897
- Insurance Co. of North America v. The Energia & The Wild PigeonDistrict Court, S.D. New York · 1894
- Trinidad Shipping & Trading Co. v. FrameDistrict Court, S.D. New York · 1898
- Van Den Toorn v. LeemingDistrict Court, S.D. New York · 1895
- Hine v. New York & Bermudez Co.District Court, S.D. New York · 1895
1 more not listed; retrieve them via the Exa API.