Sun Insurance v. Kountz Line
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF' THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. This was a libel in admiralty and in personam.
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APPEAL PROM THE CIRCUIT COURT OF' THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA. This was a libel in admiralty and in personam. The libellants were insurance companies, which issued policies covering certain produce and merchandise delivered, May 21, 1880, on board the steamboat Henry C. Yeager, at St. Louis, Missouri, for transportation to the city of New Orleans and other ports on the Mississippi River; which cargo was lost by the sinking of the boat the day succeeding its departure, from St. Louis.' The Yeager was unseaworthy, both at the commencement of her voyage and at the…
1Opinion of the Court
Mr. Justice Harlan,
after stating the case as above reported, • delivered the opinion of the court.
It is not claimed that the four transportation .companies, organized in 1872, can be held jointly liable for the loss of the produce and merchandise shipped’on the Yeager by reason of their being, in fact, partners, having a right- to participate in the profits of the business conducted by and in the name of the “ Kountz Line.” ' They did not share or agree to share the profits or to divide the losses of that business, as a unit. On the other hand, it is not disputed that, according to well…
2Cases cited1 opinion
- Thompson v. First Nat. Bank of ToledoSupreme Court of the United States · 1884
3Cited by12 opinions
- In re Stoddard Bros. Lumber Co.District Court, D. Idaho · 1909
- Braithwaite v. AikinNorth Dakota Supreme Court · 1891
- De Rees v. CostagutaCourt of Appeals for the Second Circuit · 1921
- Hobbs v. Virginia National BankCourt of Appeals of Virginia · 1925
- Hogg v. CaudillCourt of Appeals of Kentucky (pre-1976) · 1929
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