Merchants' Mutual Insurance v. Pointer

The plaintiffs, the Merchants’ Mutual Insurance Company, have appealed from a judgment dismissing their suit to annul a judgment obtained by the defendant against them in the district court,, and also, on appeal to the Supreme Court, for the amount of an insurance policy on the steamer Fanny Fisk, which was lost.

The question is, can the Insurance Company, who only set up a special defense to that suit, to wit: the nnseaworthiness of the vessel, now sue to annul the judgment therein, on the ground that since its rendition they have discovered that the title of the assured to the steamer was…