Kerr v. Union Marine Ins.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United. States for the Southern District of New York.
1Opinion of the Court
WALLACE, Circuit Judge.
This is an appeal from a decree, in an action in personam, in favor of the libelants. In disposing of the case we do not find it necessary to consider whether there was any concealment of the loss of the vessel on the part of the libelants, as we are satisfied there was a misrepresentation which avoided the contract of insurance.
The insurance was against loss by perils of the sea upon a cargo of logwood on board the barque Elida, “at and from Black River, Jamaica, to New York.” It was obtained at New York City, where the libelants resided, upon an application made by a…
2Cases cited4 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- Insurance Co. v. HigginbothamSupreme Court of the United States · 1877
- Carrollton Furniture Mfg. Co. v. American Credit Indemnity Co.Court of Appeals for the Second Circuit · 1903
3Cited by7 opinions
- Jeffcott v. ætna Ins. Co.Court of Appeals for the Second Circuit · 1942
- Bella SS Co. v. Insurance Co. of North AmericaCourt of Appeals for the Fourth Circuit · 1925
- Snare & Triest Co. v. St. Paul Fire & Marine Ins. Co.Court of Appeals for the Second Circuit · 1919
- Government Employees Ins. v. PowellCourt of Appeals for the Second Circuit · 1947
- Wathen v. Public Fire Ins.Court of Appeals for the Second Circuit · 1932
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