J. Aron & Co. v. United States Lloyds
District Court, S.D. New York
In Admiralty. Suit by J. Aron & Co. against the United States Lloyds.
1Opinion of the Court
LEARNED HAND, District Judge.
The sole contract which must be considered is the binder, that being the only paper which was executed before the loss, an event that finally fixed the rights of the parties. That by reference incorporated the New York lighterage form and so the two papers must be read together. Taken alone, the lighterage form is unambiguous enough; it provides clearly for an indemnity agreement and nothing else. The binder was in part in writing, especially the words, “sum insured,” and the whole phrase, “valued at sum insured,” would, therefore, take precedence over anything…
2Cases cited2 opinions
- The St. JohnsDistrict Court, S.D. New York · 1900
- New York & Cuba Mail S. S. Co. v. Royal Exchange Assur.Court of Appeals for the Second Circuit · 1907
3Cited by1 opinion
- Naiman v. Niagara Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1955