Luckenbach v. W. J. McCahan Sugar Refining Co.
Supreme Court of the United States
CEKTTOEAKI TO THE CIRCUIT COURT OF .APPEALS FOR THE SECOND CIRCUIT. The case is stated in thé opinion. In this case (unlike Pennsylvania R. R. Co.v. Burr, 130 Fed. Rep. 847, and Bradley v. Lehigh Valley R. R. Co., 153 Fed. Rep. 350), we have complete evidence of the intentions of the underwriters when the moneys were advanced. The effect is to make the payments unconditional payments of insurance.
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CEKTTOEAKI TO THE CIRCUIT COURT OF .APPEALS FOR THE SECOND CIRCUIT. The case is stated in thé opinion. In this case (unlike Pennsylvania R. R. Co.v. Burr, 130 Fed. Rep. 847, and Bradley v. Lehigh Valley R. R. Co., 153 Fed. Rep. 350), we have complete evidence of the intentions of the underwriters when the moneys were advanced. The effect is to make the payments unconditional payments of insurance. It may be that the cargo owners’ acceptance of the bill of lading broke the warranty, and that the insurance companies could have refused to pay; but it is clear that any. breach was waived and was…
1Opinion of the Court
Mr. Justice Brandéis
delivered the opinion of the court.
The W. J. McCahan Sugar Refining Company shipped a cargo of sugar from Porto Rico to Philadelphia by the Julia Luckenbach, which was under charter to the Insular Line; and the cargo suffered severe damage. In the District Court of the United States for the Southern District of New York, a libel seeking damages was filed in the name of the shipper in 'personam, against the Insular Line and in rem against the steamer. It alleged that the damages resulted from unseaworthiness of the hull, existing at the commencement of the voyage. The…
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