AETNA INS. CO. v. UNITED FRUIT CO.


18 F.Supp. 441 (1936)

ÆTNA INS. CO. v. UNITED FRUIT CO. UNION MARINE & GENERAL INS. CO., Limited, v. SAME. BOSTON INS. CO. v. SAME.

District Court, S. D. New York.

December 11, 1936.


Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, of New York City (D. Roger Englar, and Martin Detels, both of New York City, of counsel), for plaintiffs.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City (Cletus Keating and Richard Sullivan, both of New York City, of counsel), for defendant.


PATTERSON, District Judge.

The three actions were tried together. There was an agreed statement of facts, with trial before a jury of one and counter motions for directed verdict.

The plaintiffs were hull insurers of the defendant's steamship Almirante. The policies were valued policies, it being agreed in them that the vessel had a value of $632,610. Other policies of similar tenor were issued by other insurance companies, and the aggregate amount of insurance...

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