HECHT, LEVIS & KAHN, INC. v. NEW ZEALAND INS. CO.

No. 327.

121 F.2d 442 (1941)

HECHT, LEVIS & KAHN, Inc., v. NEW ZEALAND INS. CO.

Circuit Court of Appeals, Second Circuit.

June 17, 1941.


Attorney(s) appearing for the Case

Horace T. Atkins, of New York City, for appellant.

Gregory S. Rivkins, Hill, Rivkins & Middleton, and Allan B. Lutz, all of New York City, for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.


PER CURIAM.

The action was upon a policy of marine insurance and was tried by consent without a jury to a judge who made findings of fact. The defendant somewhat faintly argues that even though the rubber was injured by the ship's unusual pounding in the storms she encountered (a whole gale on December 2 and 3, and very heavy weather earlier, though never quite so bad) the damage was not caused by a "peril of the sea." At times it seems to have been thought that that...

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