EXPORT S. S. CORPORATION v. AMERICAN INS. CO.


26 F.Supp. 79 (1938)

EXPORT S. S. CORPORATION et al. v. AMERICAN INS. CO., NEWARK, N. J., et al.

District Court, S. D. New York.

December 17, 1938.


Attorney(s) appearing for the Case

Haight, Griffin, Deming & Gardner, of New York City (John W. Griffin and Frank J. Foley, both of New York City, of counsel), for libelants.

Tompkins, Boal & Tompkins, of New York City (Arthur M. Boal, of New York City, of counsel), for respondent American Ins. Co., Newark, N. J.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Ira A. Campbell and Joseph F. Luley, both of New York City, of counsel), for respondent American S. S. Owners Mutual Protection & Indemnity Ass'n., Inc.


LEIBELL, District Judge.

Both respondent companies issued to the libelant, Export Steamship Corporation, which has been dissolved and whose successor is American Export Lines, Inc., protection and indemnity policies covering damage to cargoes carried by libelant's ships. Libelant was the owner of the steamship "Exmoor", a cargo vessel of the Hog Island type. The policy of The American Insurance Company, Newark, New Jersey, was for one year, expiring at noon February...

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