NEW YORK & ORIENTAL S. S. CO. v. AUTOMOBILE INS. CO.

No. 175.

37 F.2d 461 (1930)

NEW YORK & ORIENTAL S. S. CO., Inc., v. AUTOMOBILE INS. CO. OF HARTFORD, CONN.

Circuit Court of Appeals, Second Circuit.

January 20, 1930.


Attorney(s) appearing for the Case

Herman Goldman, of New York City (Elkan Turk, of New York City, and Benjamin Wiener, of Brooklyn, N. Y., of counsel), for appellant.

Bigham, Englar & Jones, of New York City (Arthur W. Clement and Henry J. Bogatko, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and MACK, Circuit Judges.


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

The plaintiff undertakes to maintain the position that the one-year limitation for suit, contained in the policy, forms no part of the contract of insurance made between the parties. Counsel's contentions are (1) that the certificate itself evidences a complete contract of insurance of the collectible freight against the peril of stranding and resulting jettison; and (2) that, if the certificate alone is not...

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