Legal Opinion

St. Paul Fire & Marine Ins. Co. v. Pure Oil Co.

Court of Appeals for the Second Circuit

Decided March 13, 1933No. 222, 223PublishedCited by 13 opinions

1Opinion of the Court

L. HAND, Circuit Judge,

This appeal arises in' two consolidated actions to recover money paid under a mistake of fact. The plaintiffs axe marine underwriters which had insured a cargo of oil aboard a lighter at Sinco-, Texas, bound for a steamer in the harbor. Another steamer collided with and sank the lighter, and the oil was lost; for it the plaintiffs in May, 1922, settled with the defendant at $2.75 a barrel. Being subrogated to its cause of action against the steam-er, they brought a suit in the admiralty, and succeeded on the merits. In settling the damages they were unable to find…

2Cases cited5 opinions

  1. Empire Development Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1918
  2. New York & Oriental S. S. Co. v. Automobile Ins. Co. of HartfordCourt of Appeals for the Second Circuit · 1930
  3. Insurance Co. of North America v. WilleyMassachusetts Supreme Judicial Court · 1912
  4. Snowden v. . GuionNew York Court of Appeals · 1886
  5. Williams v. Continental Ins. Co.District Court, D. Minnesota · 1885

3Cited by13 opinions

  1. Purofied Down Products Corp. v. Travelers Fire Insurance CompanyCourt of Appeals for the Second Circuit · 1960
  2. Aetna Insurance v. United Fruit Co.Supreme Court of the United States · 1938
  3. United States Fidelity and Guaranty Co. v. ReaganSupreme Court of North Carolina · 1961
  4. Naiman v. Niagara Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1955
  5. Epstein v. Great American Insurance Co.Court of Appeals of Tennessee · 1965

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