Legal Opinion

Sun Mutual Insurance v. Ocean Insurance

Supreme Court of the United States

Decided January 22, 1883No. 119PublishedCited by 83 opinions

Appeal from the Circuit Court of the United States for the Southern District of New York. This was a libel in admiralty, filed in the District Court of the United States for the Southern District of New York by The Ocean Insurance Company against The Sun Mutual Insurance Company, upon a policy of marine insurance. A decree dismissing the libel was rendered in that court, which, on appeal, was reversed by the Circuit Court, and a decree entered in favor of the libellant.

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Appeal from the Circuit Court of the United States for the Southern District of New York. This was a libel in admiralty, filed in the District Court of the United States for the Southern District of New York by The Ocean Insurance Company against The Sun Mutual Insurance Company, upon a policy of marine insurance. A decree dismissing the libel was rendered in that court, which, on appeal, was reversed by the Circuit Court, and a decree entered in favor of the libellant. From that decree the present appeal has been prosecuted. The findings of fact made by the Circuit Court as the basis of its…

1Opinion of the CourtJustice Matthews

delivered' the opinion of the court, and, after making the above statement, proceeded as follows: —

By the express terms of the act of Congress of Feb. 16,1875, c. 77, defining the jurisdiction of this eourt, in cases such as the present, we are limited to a determination of the questions of law arising upon the record, including the rulings of the Circuit Court, presented in a bill of exceptions. And, as was decided in The Abbotsford, 98 U. S. 440, and substantially repeatéd several times since, “ the faets as found and stated by the court below are conclusive. The .case stands here precisely…

Also in this document: Dissent.

2Cases cited7 opinions

  1. Norris v. JacksonSupreme Court of the United States · 1870
  2. Hodges v. EastonSupreme Court of the United States · 1882
  3. The" Abbotsford"Supreme Court of the United States · 1879
  4. United States v. PughSupreme Court of the United States · 1879
  5. Barnes v. WilliamsSupreme Court of the United States · 1826

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3Cited by83 opinions

  1. North River Insurance Company v. Cigna Reinsurance CompanyCourt of Appeals for the Third Circuit · 1995
  2. The City of New YorkSupreme Court of the United States · 1893
  3. Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
  4. Fireman's Fund Insurance v. Great American InsuranceCourt of Appeals for the Second Circuit · 2016
  5. The Edwin I. MorrisonSupreme Court of the United States · 1894

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