Botsford v. Union Marine Ins.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for '¡he Eastern District of Wisconsin. In Admiralty. Libel by the Union Marine Insurance Company of Liverpool, England, the Insurance Company of North America, and the Atlantic Mutual Insurance Company of New York against-the steamer Koanoke, W. F. Botsford, C. D. Thompson, and James W. Martin, claimants for contribution in general average.
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Appeal from the District Court of the United States for '¡he Eastern District of Wisconsin. In Admiralty. Libel by the Union Marine Insurance Company of Liverpool, England, the Insurance Company of North America, and the Atlantic Mutual Insurance Company of New York against-the steamer Koanoke, W. F. Botsford, C. D. Thompson, and James W. Martin, claimants for contribution in general average. Exceptions to tlie libel were overruled, (46 Fed. 297,) and a decree rendered for libelants, (53 Fed. 270.) Claimants appeal. Statement by SEAMAN, District Judge: Libel was filed against the steamer…
1Opinion of the Court
SEAMAN, District Judge,
(after stating the facts.) Against the allowance of general average in this case, and especially against recovery by the insurers, the appellant raises four points of objection, which were clearly presented and ably argued. They are of importance to the various shipping interests, in some respects, at least, not settled by precedents, and will be considered under the following inquiries: (1) Independent of statute or contract, do the facts make a case for general average? (2) Does the statute— section 4282, Rev. St. U. S. — apply to general average contribution ? (3) Do…
2Cases cited7 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- The EagleSupreme Court of the United States · 1869
- Columbian Insurance Company v. Ashby & StriblingSupreme Court of the United States · 1839
- MOORE v. American Transportation Co.Supreme Court of the United States · 1861
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- Charter Shipping Co. v. Bowring, Jones & Tidy, Ltd.Supreme Court of the United States · 1930
- The Santa AnaCourt of Appeals for the Ninth Circuit · 1907
- Dibrell Bros. v. Prince Line, Ltd.Court of Appeals for the Second Circuit · 1932
- Dow Chemical Co. v. M/V GULF SEASDistrict Court, W.D. Louisiana · 1977
- The BeatriceDistrict Court, S.D. New York · 1924
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