Insurance Co. of North America v. Canada, Sugar-Refining Co.
Court of Appeals for the Second Circuit
Appeal from the District Court, of the United States for the South ern District of New York. • Tiiis was a libel in personam by the Canada Sugar-Keflning Company against the Insurance Company of North America to recover under a policy of marine insurance on profi ts on a cargo of sugar. The circuit court rendered a decree for libelant. (82 Fed. 757), and the respondent has appealed.
1Opinion of the Court
WALLACE, Circuit Judge.
The libel in this cause was filed to recover upon a contract of insurance with the libelant, evidenced by a certificate dated April 29, 1898, delivered by the appellant at Philadelphia, whereby the latter caused to be insured under its ojien policy No. 117,407, against perils of the sea, “$15,000 on profits on cargo of sugar against total loss only, valued at sum insured, shipped on board the British shiji John E. Sayre at and from Iloilo to Montreal.” The policy contains the usual clause making the insurer responsible only for so much as the amount of prior insurance…
2Cases cited9 opinions
- Patapsco Insurance v. CoulterSupreme Court of the United States · 1830
- Stephenson v. Piscataqua Fire & Marine InsuranceSupreme Judicial Court of Maine · 1866
- Carr v. . Security Insurance Co.New York Court of Appeals · 1888
- Burt v. . the Brewers and Maltsters' Ins. Co.New York Court of Appeals · 1879
- Watson v. Insurance Co. of North AmericaU.S. Circuit Court for the District of Pennsylvania · 1811
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3Cited by3 opinions
- Lenfest v. ColdwellCourt of Appeals for the Second Circuit · 1975
- Hocking Glass Co. v. MillerDistrict Court, S.D. Ohio · 1933
- Inez H. Lenfest and Marine Midland Grace Trust Company of New York, as Executors of the Estate of Harold C. Lenfest, and Kenneth F. Yarrington v. Harold W. Coldwell, Ferro--Bet Corporation of America v. Harold W. ColdwellCourt of Appeals for the Second Circuit · 1975