MORRIS & CUMMINGS DREDGING CO. v. FIREMAN'S FUND INS. CO.


36 F.2d 276 (1929)

MORRIS & CUMMINGS DREDGING CO. v. FIREMAN'S FUND INS. CO.

District Court, S. D. New York.

September 12, 1929.


Attorney(s) appearing for the Case

Branch P. Kerfoot, of New York City, for plaintiff.

Bigham, Englar & Jones, of New York City, for defendant.


FRANK J. COLEMAN, District Judge.

The only question presented is whether the alleged binder was issued upon conditions precedent which concededly have not been complied with. Plaintiff, the owner of numerous dredges, etc., through its broker, employed Frank B. Hall & Co. to obtain $720,000 insurance on its various properties upon three conditions: (1) That all of the items would be covered; (2) that the average rate would...

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