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LIVERPOOL STEAM CO. v. PHENIX INS. CO.

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129 U.S. 397 (1889)

9 S.Ct. 469

32 L.Ed. 788

LIVERPOOL AND GREAT WESTERN STEAM COMPANY, v. PHENIX INSURANCE COMPANY.

Supreme Court of United States.

Decided March 5, 1889.

Attorney(s) appearing for the Case

Mr. Franklin A. Wilcox and Mr. Stephen P. Nash for appellant.

Mr. Morton P. Henry, by leave of court, filed an additional brief on behalf of appellant.

Mr. William G. Choate and Mr. William D. Shipman, by leave of court, filed a brief for appellant on behalf of the North German Lloyd Steamship Company. The following are extracts from that brief:

Mr. Everett P. Wheeler, by leave of court, filed a brief for appellant on behalf of the Oceanic Steam Navigating Company.

Mr. William Allen Butler for appellee.

MR. JUSTICE GRAY delivered the opinion of the court.

This is an appeal by a steamship company from a decree rendered against it upon a libel in admiralty, "in a cause of action arising from breach of contract," brought by an insurance company, claiming to be subrogated to the rights of the owners of goods shipped on board the Montana, one of the appellant's steamships, at New York, to be carried to Liverpool, and lost or damaged by her stranding, because of the negligence...

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