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LEO v. INSURANCE COMPANY OF NORTH AMERICA

No. 175, Docket 25848.

275 F.2d 766 (1960)

Nelson H. LEO, doing business as Overseas Associated Corporation, Plaintiff-Appellee, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 8, 1960.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, (Martin P. Detels, Vincent L. Leibell, Jr., Charles W. Harvey, New York City, of counsel), for appellant.

Donovan, Leisure, Newton & Irvine, New York City (Robert M. Loeffler, Sidney P. Howell, Jr., Thomas J. Garrity, New York City, of counsel), in association with Honorio Poblador, Jr., Manila, Republic of the Philippines, for appellee.

Before MEDINA and WATERMAN, Circuit Judges, and MADDEN, Judge, United States Court of Claims.

MADDEN, Judge.

After a trial before a jury, a judgment for the plaintiff in the amount of $300,000 was rendered in the United States District Court for the Southern District of New York. The defendant appeals.

The plaintiff's complaint alleged that the defendant insurance company had issued to one Appel a marine insurance policy covering irrigation and road-building machinery valued at $300,000 to be shipped on an approved barge in tow sailing from Manila...

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