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UNITED STATES GYPSUM CO. v. INSURANCE CO.

19 F.Supp. 767 (1937)

UNITED STATES GYPSUM CO. v. INSURANCE CO. OF NORTH AMERICA.

District Court, S. D. New York.

May 1, 1937.

Attorney(s) appearing for the Case

Barry Wainwright, Thacher & Symmers, of New York City (Earle Farwell, of New York City, of counsel), for plaintiff.

Hill Rivkins & Middleton, of New York City (Thomas H. Middleton, of New York City, of counsel), for defendant.

PATTERSON, District Judge.

The action is one at law on a policy of cargo insurance. The complaint shows that the defendant insured cargo owned by the plaintiff on barges; that on November 7, 1928, the barge Castleton while laden with cargo belonging to the plaintiff capsized; that the cargo was lost; and that the defendant refused to make payment under the policy. In answer to the complaint the defendant pleaded a number of defenses. The defendant then made a motion...

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