Legal Opinion

In re Thurston

Court of Appeals for the Second Circuit

Decided April 6, 1931No. 279PublishedCited by 3 opinions

1Opinion of the Court

MANTON, Circuit Judge.

Appellant’s barge sank in the New York State Barge Canal. A marine insurance policy covering the barge provided that in the case of loss a survey should be made by surveyors, one appointed by each party, and, if they failed to agree, an umpire might be appointed pursuant to the United States'Arbitration Act, § 5 (9 USCA § 5). An umpire was appointed by the court. After a consideration, he'made specifications of the work required to repair the damage and stated how it should be done. The appellant moved to direct him to amend his report, and the appellee moved for a…

2Cases cited4 opinions

  1. Matter of FletcherNew York Court of Appeals · 1924
  2. Wurster v. . ArmfieldNew York Court of Appeals · 1903
  3. Toledo S. S. Co. v. Zenith Transp. Co.Court of Appeals for the Sixth Circuit · 1911
  4. American Steel Co. v. German-American Fire Ins.Court of Appeals for the Third Circuit · 1911

3Cited by3 opinions

  1. Lehigh Structural Steel Co. v. Rust Engineering Co.District Court, District of Columbia · 1932
  2. Seldner Corporation v. WR Grace & Co.District Court, D. Maryland · 1938
  3. Thurston v. Northwestern Fire & Marine Ins.District Court, N.D. New York · 1934

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