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H. WARSHOW & SONS v. STANDARD MARINE INS. CO.

27 F.Supp. 974 (1939)

H. WARSHOW & SONS, Inc., v. STANDARD MARINE INS. CO., LIMITED, OF LIVERPOOL, ENGLAND, et al.

District Court, S. D. New York.

June 13, 1939.

Attorney(s) appearing for the Case

John S. Stover, of New York City, for plaintiff.

Bigham, Englar, Jones & Houston, of New York City (Martin Detels, of New York City, of counsel), for defendant Standard Marine Ins. Co., Ltd.

BYERS, District Judge.

This is a motion to set aside a directed verdict for the defendant, and for judgment for the plaintiff.

The question for decision is, which of two insurance companies is to bear a loss where each policy contains a provision concerning "other insurance".

In form, the action is by the owner of certain rayon lastex cloth delivered to Clyde Piece Dye Works, Inc., of Paterson, New Jersey, to be dyed and finished, but as to which neither...

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