Thames & Mersey Marine Ins. v. Pacific Creosoting Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northefti Division of the Western District of Washington; Jeremiah Neterer, Judge. Suit in admiralty by the Pacific Creosoting Company against the Thames & Mersey Marine Insurance Company, Limited. Decree for libelant, and respondent appeals.
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Appeal from the District Court of the United States for the Northefti Division of the Western District of Washington; Jeremiah Neterer, Judge. Suit in admiralty by the Pacific Creosoting Company against the Thames & Mersey Marine Insurance Company, Limited. Decree for libelant, and respondent appeals. This is a libel in personam filed by the Pacific Creosoting Company, a corporation of the state of Washington, against the Thames & Mersey Marine Insurance Company, Limited, a corporation of Great Britain, to recover the sum of $1,197.20 as insurance alleged to be due and' owing to the…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). 1. The policy of insurance upon which the present suit is based is embodied in a printed form, containing blanks which have been filled in by the Insurance Company with words and clauses appropriate and necessary to cover the risks assumed. At the end of the policy and as a part of such printed form there is the following clause:
“It is declared and agreed that com, fish, salt, fruit, flour and seed are warranted free from average unless general or the ship be stranded, sunk or burnt, and that sugar, tobacco, hemp, flax, hides and skins are warranted free…
2Cases cited4 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
- Nome Beach Lighterage & Transportation Co. v. Munich Assur. Co.District Court, N.D. California · 1903
- Canton Ins. Office, Ltd. v. WoodsideCourt of Appeals for the Ninth Circuit · 1898
3Cited by10 opinions
- American Merchant Marine Ins. v. Liberty Sand & Gravel Co.Court of Appeals for the Third Circuit · 1922
- Fireman's Fund Ins. v. Globe Nav. Co.Court of Appeals for the Ninth Circuit · 1916
- Mattson v. Connecticut Fire Ins. Co. of HartfordDistrict Court, D. Minnesota · 1948
- American Merchant Marine Ins. v. Margaret M. Ford Corp.Court of Appeals for the Second Circuit · 1920
- Zillah Transportation Co. v. Aetna Insurance Co.Supreme Court of Minnesota · 1928
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