Legal Opinion

United States v. Westchester Fire Insurance

District Court, S.D. New York

Decided March 22, 1957PublishedCited by 3 opinions

1Opinion of the Court

KNOX, District Judge.

This suit was begun on July 21, 1951, almost six years after the occurrence of the events on which it is founded. Defendant answered the complaint on September 5, 1951. A discontinuance was entered on December 30, 1955, and vacated on February 15, 1956. Trial was had in the following November, slightly more than eleven years after the alleged cause of action accrued.

But, whatever the reasons for delay, the result is most unfortunate. The Court is without the aid of a word of oral testimony as to the condition of the cargo, either before, or at, the time it was placed…

2Cases cited5 opinions

  1. Cosmopolitan Shipping Co. v. McAllisterSupreme Court of the United States · 1949
  2. J. A. Jones Const. Co. v. Niagara Fire Ins.Court of Appeals for the Fourth Circuit · 1948
  3. Jensen v. Matson Nav. Co.District Court, D. Hawaii · 1947
  4. Katzenberg v. Lamport & Holt, Ltd.District Court, E.D. New York · 1932
  5. O. Maire, Inc. v. The YakaDistrict Court, S.D. New York · 1948

3Cited by3 opinions

  1. Morrison Grain Company, Inc., a Corporation v. Utica Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1980
  2. Blaine Construction Corporation, Plaintiff-Appellant/cross-Appellee v. Insurance Company of North America, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1999
  3. Blaine Construction Corporation, Plaintiff-Appellant/cross-Appellee v. Insurance Company of North America, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1999

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