The Archive · 1922

A Fire Insurance Judgement

His Honour Judge Lobingier has given judgement in the U. Court for China in the case of E. Y. Kamorovsky v. Hartford Fire Insurance Ca., and American Foreign Insurance Association, which in part follows:—This is an action on a. policy of fire insurance issued by the principal defendant in favour of a corporation known as the Russian Lloyd Steamship & Transport Company, on certain typographical machinery, During the life of the policy the insured property was damaged, an arbitration fixed the amount due on another policy, leaving defendant's pro rata share as Y.3,874.33, and the insurer in its answer alleges its willingness to pay the amount of the loss to the party entitled thereto, In effect the intervener, which is a Russian concern, seeks a garnishment of the proceeds of the policy to the extent of its judgement, but it is entitled to so much only as belongs to the nominal insured and the only competent evidence before the court on that point is plaintiff's admission that he owes the; nominal insured the sum of Y.930, presumably for storage and expenses connected therewith, The judgement upon which the intervenor relies was obtained against the nominal insured for the storage apparently of the goods in question. It would seem, therefore, entirely equitable to direct that so mud of the amount in question og plain. tiff admits is due the nominal in. sured should be applied on the intervenor's judgement.

It is accordingly considered and adjudged that the injunction heretofore granted restraining defen: I ants from paying a part of sai-? proceeds be dissolved and thai plaintiff have and recover from fendants the sum of Y.2,994.33, ing the am.unt due on said police: of insurance, less the sum of Y.950 admitted by plaintiff to be due the nominal insured and which sum tis defendants are adjudged to pay the intervener by virtue of judgement against the said instru ed. There will be no award of costs to any of the parties.

A Disputed Contract in the case of A. G. de Sherbin'n Ca. v. the United States Trad'ng Corporation, in the United States Court for China, his Honour Judge. C. S. Lobingier has given a written judgement which in part follows:

Pla'ntifi sues to recover damages for defendant's failure to take delivery of a quantity of steel bars

Text read from the printed page and cleaned; old type leaves the occasional error.

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