CONNERS MARINE CO. v. NORTHWESTERN FIRE & MARINE INS. CO.


16 F.Supp. 626 (1936)

CONNERS MARINE CO. v. NORTHWESTERN FIRE & MARINE INS. CO.

District Court, S. D. New York.

May 21, 1936.


Attorney(s) appearing for the Case

Thomas A. McDonald, of New York City, for Conners Marine Co.

Bigham, Englar, Jones & Houston, of New York City, for Northwestern Fire & Marine Ins. Co.


KNOX, District Judge.

The motion to dismiss the complaint for its failure to state a cause of action must be sustained. In my opinion, pontoons cannot properly be included in the category either of hulls and barges, or of hulls and cargoes. A pontoon falls within an entirely different designation. Although water borne, it is quite distinct from a hull, barge, or cargo, in both functions and reality. Furthermore, as I read the policy of insurance, it does not cover...

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