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ST. PAUL FIRE & MARINE INS. CO. v. THE MOTOMAR

No. 167, Docket 22933.

211 F.2d 690 (1954)

ST. PAUL FIRE & MARINE INS. CO. v. THE MOTOMAR et al.

United States Court of Appeals Second Circuit.

Decided April 5, 1954.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for libellant-appellant; F. Herbert Prem, New York City, and Sheldon A. Vogel, Brooklyn, N. Y., Advocates.

McNutt & Nash, New York City, for appellee; James E. Freehill, New York City, and Joseph H. Flynn, Bay Shore, N. Y., Advocates.

Before CHASE, Chief Judge, and L. HAND and MEDINA, Circuit Judges.

CHASE, Chief Judge.

The appellant is an American insurance company which insured two consignments of cargo that the appellee undertook to carry from New York to Bilbao, Spain, on its S.S. Motomar pursuant to the terms of bills of lading. A fire on the ship after it arrived at Bilbao having endangered it and its cargo, one of the consignments was jettisoned and the other was damaged by water in a successful attempt to put out the fire. The shipowner took cash deposits...

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