GLOBE & RUTGERS FIRE INS. CO. v. WINTER GARDEN CO.

No. 15.

9 F.2d 227 (1925)

GLOBE & RUTGERS FIRE INS. CO. v. WINTER GARDEN CO.

Circuit Court of Appeals, Second Circuit.

November 2, 1925.


Attorney(s) appearing for the Case

Davies, Auerbach & Cornell, of New York City (Martin A. Schenck and Murray C. Bernays, both of New York City, of counsel), for plaintiff in error.

Max D. Steuer, of New York City (William Klein and Samuel Gottlieb, both of New York City, of counsel), for defendant in error.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.


HOUGH, Circuit Judge (after stating the facts as above).

Insurance Company's position at this bar is, virtually, that it was a violation of the above-quoted policy clauses for Garden Company to transport the insured property without obtaining from the acting carrier an assumption of liability such as is imposed on common carriers by tradition or statute, or at least what remains thereof over the lawful exceptions in such carriers' "ordinary" bill of lading. We cannot...

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