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ST. PAUL FIRE & MARINE INS. CO. v. PURE OIL CO.

58 F.2d 393 (1932)

ST. PAUL FIRE & MARINE INS. CO. v. PURE OIL CO. UNITED STATES MERCHANTS' & SHIPPERS' INS. CO. v. SAME.

District Court, S. D. New York.

February 27, 1932.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (D. M. Tibbetts, of New York City, of counsel), for plaintiffs.

Hatch & Wolfe, of New York City (Carver W. Wolfe, of New York City, of counsel), for defendant.

PATTERSON, District Judge.

The plaintiffs were joint insurers of a cargo of oil owned by the defendant. Part of the cargo was lost as the result of a collision at sea on December 14, 1921. The plaintiffs in due course paid to the defendant the amount claimed by it to represent the loss. They have brought these actions at law to recover part of the sums so paid as money paid under mistake of fact. Their claim is that the oil was overvalued by the insured. By stipulation...

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