Capitol Cake Co. v. Lloyd's Underwriters

MEMORANDUM

JAMES R. MILLER, Jr., District Judge.

In state court, the plaintiff Capitol Cake Company, a fruit cake baker, sought to recover approximately $60,000 lost when raisins purchased “C.I.F.” 1 from a seller on Crete were rejected for entry in to the United States by the U. S. Department of Agriculture. The plaintiff alleges in Counts I and II that Lloyd’s Underwriters and Cledwyn Ford, a representative of “Syndicate 710” (hereinafter Lloyd’s), failed to pay the loss under a policy covering “rejection risks by the U. S. Food and Drug Administration and U. S. Agricultural Dept.” In counts…