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

Nos. 222, 223.

63 F.2d 771 (1933)

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

Circuit Court of Appeals, Second Circuit.

March 13, 1933.

Attorney(s) appearing for the Case

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Delbert M. Tibbetts and Richard L. Sullivan, both of New York City, of counsel), for appellants.

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

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This appeal arises in two consolidated actions to recover money paid under a mistake of fact. The plaintiffs are marine underwriters which had insured a cargo of oil aboard a lighter at Sinco, Texas, bound for a steamer in the harbor. Another steamer collided with and sank the lighter, and the oil was lost; for it the plaintiffs in May, 1922, settled with the defendant at $2.75 a barrel. Being subrogated to its cause of action against the steamer...

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