Legal Opinion

Bluefields Fruit & S. S. Co. v. Western Assur. Co.

Court of Appeals for the Fifth Circuit

Decided May 12, 1920No. 3423PublishedCited by 6 opinions

Appeal from the District Court of the United.States for the Eastern District of Louisiana; Rufus E. Foster, Judge. Libel in personam by the Bluefields Fruit & Steamship Company against the Western Assurance Company of Toronto. Decree for respondent, and libelant appeals.

1Opinion of the Court

WALKER, Circuit Judge.

This was a libel in personam, filed by the appellant, Bluefields Fruit & Steamship Company, against the appellee, Western Assurance Company of Toronto, on a policy of marine insurance issued by the latter to the former, a copy of which was made an exhibit to the libel. The claim was for the alleged amount, with interest thereon, of the value of a cargo of bananas, charged to have been seriously damaged, with the result that it became a total loss, in the way disclosed by averments to the following ■effect:

On' May 12, 1917, the bananas were on board craft or boats at…

2Cases cited4 opinions

  1. Mobile Marine Dock & Mutual Insurance v. McMillanSupreme Court of Alabama · 1855
  2. Smith v. Mobile Navigation & Mutual InsuranceSupreme Court of Alabama · 1857
  3. H. T. Cottam & Co. v. Mechanics & Traders' InsuranceSupreme Court of Louisiana · 1888
  4. Monongahela Insurance v. ChesterSupreme Court of Pennsylvania · 1863

3Cited by6 opinions

  1. Hillcrea Export & Import Co. v. Universal Ins. Co.District Court, S.D. New York · 1953
  2. Groban v. S.S. PeguDistrict Court, S.D. New York · 1971
  3. Union Marine Ins. v. Charles D. Stone & Co.Court of Appeals for the Seventh Circuit · 1926
  4. Independence Indemnity Co. v. W. J. Jones & Son, Inc.Court of Appeals for the Ninth Circuit · 1933
  5. Sonken-Galamba Corp. v. Butler Iron & Steel Co.Court of Appeals for the Eighth Circuit · 1941

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