Alcoa SS Co. v. Ryan, No. 23002.
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | CLARK, MEDINA, and HARLAN, Circuit |
| Citation | 211 F.2d 576 |
| Parties | ALCOA S. S. CO., Inc. v. RYAN et al. |
| Docket Number | No. 23002. |
| Decision Date | 18 March 1954 |
211 F.2d 576 (1954)
ALCOA S. S. CO., Inc.
v.
RYAN et al.
No. 23002.
United States Court of Appeals Second Circuit.
Argued March 8, 1954.
Decided March 18, 1954.
William J. Junkerman, New York City (Haight, Deming, Gardner, Poor & Havens, John C. Mundt, Jr., and James B.
Vincent L. Leibell, Jr., New York City (Bigham, Englar, Jones & Houston and George S. Brengle, New York City, on the brief), for respondents.
Before CLARK, MEDINA, and HARLAN, Circuit Judges.
CLARK, Circuit Judge.
This is a petition by Alcoa Steamship Company, Inc., for mandamus, asking us to compel District Judges Ryan and Knox to grant it a trial by jury in its action against Aetna Insurance Company, now pending as Civ. 63-133 in the United States District Court for the Southern District of New York. The facts as shown by the petition and the answers filed on behalf of the two judges are as follows:
The action in question, to recover loss upon War-Risk Policies issued by the defendant Aetna, was instituted in the Supreme Court of the State of New York in December, 1950, and was removed by the defendant to the court below. Issue was joined by the defendant's answer in January, 1951. The complaint alleged the loss of $260,168.70 in government freights on four ships bearing government cargo and lost through enemy action in the spring of 1942; and recovery of this loss as covered by certain designated policies issued by the defendant was sought. But the lengthy complaint went on to allege that after the government had paid some of the freights, the defendant entered into an agreement in September, 1942, cancelling the declaration of the freights on these vessels and refunding to plaintiff 75 per cent of the war risk premiums charged therefor; that this agreement was entered into under the mistake of fact and (or) law that the United States was required to and would pay the freights, whether or not the vessels or cargo were lost; and that subsequently the government demanded back and actually recovered the freights paid after lengthy litigation, see Alcoa S. S. Co. v. United States, 338 U.S. 421, 70 S.Ct. 190, 94 L.Ed. 225, affirming 2 Cir., 175 F.2d 661, which had reversed D.C.S.D.N.Y., 80 F.Supp. 158. So the first demand for judgment was for rescission of this agreement of cancellation, the second being for the amount of loss as stated above. The answer of the defendant, by its reliance on this agreement...
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Twin City Fire Ins. Co. v. Philadelphia Life Ins. Co., Nos. 85-3906
...R.I. Lampus Co. v. Neville Cement Products Corp., 474 Pa. 199, 206-10, 378 A.2d 288, 290-93 (1977). 4 Compare Alcoa S.S. Co. v. Ryan, 211 F.2d 576, 578 (2d Cir.1954) ("federal practice" is that mistake is non-jury issue); United States v. Pyle, 248 F.Supp. 40, 44 (E.D.Okla.1965) (......
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Hostrop v. Board of Jr. College Dist. No. 515, Cook and Will Counties and State of Ill., No. 74-1915
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Standard Chlorine of Delaware, Inc. v. Leonard, No. 52
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