CITY GENERAL INSURANCE CO. v. ST. PAUL FIRE & MARINE INS. CO.


215 F.Supp. 524 (1963)

CITY GENERAL INSURANCE COMPANY, Limited on behalf of itself and other underwriters subscribing to policy No. F 39501, dated January 13, 1955, issued in London to Julius Dreyfus, Incorporated, Plaintiff, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant.

United States District Court S. D. New York.

March 29, 1963.


Attorney(s) appearing for the Case

Hill, Rivkins, Middleton, Louis & Warburton, New York City, for plaintiff, Joseph T. McGowan, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for defendant, John M. Aherne, New York City, of counsel.


McLEAN, District Judge.

This is a controversy between two insurance companies as to which is entitled to the proceeds of an action brought in the name of the insured against a bailee of the insured property. Although the action in form is by one insurance company against the other, the parties agree that the case is to be treated as though the funds had been paid into court, to be paid out to the party ultimately found to be entitled to them. There is no dispute about...

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