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HALIFAX INS. CO. v. MEHDI DILMOGHANI & CO.

92 F.Supp. 747 (1950)

HALIFAX INS. CO. v. MEHDI DILMOGHANI & CO. et al.

United States District Court S. D. New York.

Supplemental Opinion June 12, 1950.

Attorney(s) appearing for the Case

Ignatius, McFadden & Catalano, New York City, Edward McFadden, Jr., and William J. Woods, New York City, of counsel, for plaintiff.

Kirlin, Campbell, Hickox & Keating, New York City, David P. Dawson, New York City, of counsel, for defendants.

RYAN, District Judge.

This action at law is brought by the Halifax Insurance Company, a Canadian corporation, to recover for moneys paid on two marine risk insurance policies, which it is claimed were paid under a mistake of fact to defendants Mehdi Dilmoghani & Co. and its wholly-owned subsidiary Kerman Rug Weavers, Inc., New York corporations, for damages to two consignments of Persian rugs.

On November 1, 1941, plaintiff issued two separate open policies...

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