PUROFIED DOWN PRODUCTS CORP. v. TRAVELERS FIRE INS. CO.


172 F.Supp. 472 (1959)

PUROFIED DOWN PRODUCTS CORP., Plaintiff, v. TRAVELERS FIRE INSURANCE COMPANY, Defendant.

United States District Court S. D. New York.

April 29, 1959.


Attorney(s) appearing for the Case

Irving L. Spanier, New York City, for Plaintiff. Norman D. Levy, New York City, of counsel.

Bigham, Englar, Jones & Houston, New York City, for defendant. Vincent L. Leibell, Jr., New York City, of counsel.


LEVET, District Judge.

This is an action by an insured for a loss under a marine open cargo policy of insurance. Prior to the commencement of this action the defendant paid to the plaintiff $52,000 which was the invoice amount of the shipment here at issue. Plaintiff seeks in this action to recover the cost of freight plus an additional 10% allegedly due as a result of said loss.

After hearing the testimony, examining the exhibits, the pleadings, briefs and...

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