Legal Opinion

Insurance Co. of Pennsylvania v. Proceeds of the Sale of the Barge Waubaushene

U.S. Circuit Court for the District of Northern New York

Decided July 21, 1885PublishedCited by 8 opinions

Appeal from District Court.

1Opinion of the CourtWallace, J.

In deciding against the application of the insurance company to be paid the premium due upon the marine policy issued by it upon the barge out of the proceeds arising from her sale in the registry of the court, the learned judge of the district court held that the contract for insurance was made in Canada, and the rights of the parties to a lien were controlled by the lex loci contractus. lie also held that such a lien is not recognized by our jurisprudence, and that the statutes of this state creating a lien for premiums in favor of underwriters do not apply to foreign vessels. He therefore…

2Cases cited5 opinions

  1. Vandewater v. MillsSupreme Court of the United States · 1857
  2. De Lovio v. BoitU.S. Circuit Court for the District of Massachusetts · 1815
  3. Hale v. Washington Ins.U.S. Circuit Court for the District of Massachusetts · 1842
  4. Gloucester Ins. v. YoungerU.S. Circuit Court for the District of Massachusetts · 1855
  5. In re Norwich & N. Y. Transp. Co.U.S. Circuit Court for the District of Eastern New York · 1879

3Cited by8 opinions

  1. Equilease Corp. v. M/V SampsonCourt of Appeals for the Fifth Circuit · 1986
  2. Atlantic Steamer Supply Company v. the SS TradewindDistrict Court, D. Maryland · 1957
  3. United Fruit Co. v. United States Shipping Board Merchant Fleet Corp.District Court, D. Massachusetts · 1930
  4. The WabashDistrict Court, D. Connecticut · 1922
  5. The Kaiser Wilhelm IIDistrict Court, D. New Jersey · 1916

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