PHOENIX INS. CO. v. UNITED STATES

No. 3496.

3 F.Supp. 112 (1932)

PHŒNIX INS. CO. OF HARTFORD v. UNITED STATES.

District Court, D. Connecticut.

December 30, 1932.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (F. Herbert Prem and Alfred Ogden, both of New York City, of counsel), for plaintiff.

John Buckley, U. S. Atty. and George H. Cohen, Asst. U. S. Atty., both of Hartford, Conn., and Charles E. Wythe, Sp. Asst. U. S. Atty., of New York City.


HINCKS, District Judge.

This matter comes before the court on the respondent's exceptions to the libel.

The libel alleges a cause of action in damages for breach of a maritime contract of carriage, cargo damage, and general average arising out of a shipment of wire rods on June 12, 1920, by the steamship Naiwa, owned and operated by the respondent; that in August, 1926, the Japanese consignee of the shipment and owner of the cargo instituted an action in admiralty...

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