STANDARD MARINE INS. CO. v. SCOTTISH METROPOLITAN ASSUR. CO.

No. 5352.

39 F.2d 436 (1930)

STANDARD MARINE INS. CO., Limited, v. SCOTTISH METROPOLITAN ASSUR. CO., Limited.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1930.


Attorney(s) appearing for the Case

Russell T. Mount, of New York City (Duncan & Mount, of New York City, and James M. McSweeney, of Cleveland, Ohio, on the brief), for appellant.

T. Catesby Jones, of New York City (Wm. L. Day, of Cleveland, Ohio, James W. Ryan and Bigham, Englar, Jones & Houston, all of New York City, and Day & Day, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON and HICKENLOOPER, Circuit Judges, and TUTTLE, District Judge.


TUTTLE, District Judge.

This admiralty proceeding involves the rights of two marine insurers, appellant and appellee here, to share, by subrogation to the rights of their insured, in a certain fund recovered by the insured as damages for a part of a loss covered by insurance paid to the insured by said insurers.

Before any of the insurance in question had been effected, the insured had purchased 200,000 bushels of wheat, for future delivery at Montreal, Canada...

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