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AETNA INS. CO. v. UNITED FRUIT CO.

Nos. 50-52.

92 F.2d 576 (1937)

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

Circuit Court of Appeals, Second Circuit.

November 8, 1937.

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.

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

L. HAND, Circuit Judge.

The three actions here on appeal were brought by separate underwriters to recover money received by the insured in payment of a judgment recovered by it in a suit against the United States; they are based upon the theory that the payment was in the nature of salvage, and was for the account of both underwriters and owner. The question is on what principle it should be divided. The facts are as follows. In 1918 the three plaintiffs, with a number...

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