California Ins. Co. v. Union Compress Co.
133 U.S. 387 (1890)

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U.S. Supreme Court

California Ins. Co. v. Union Compress Co., 133 U.S. 387 (1890)

California Insurance Company v. Union Compress Company

No. 1051

Submitted October 30, 1889

Decided March 3, 1890

133 U.S. 387

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF ARKANSAS

Syllabus

The defendant, a fire insurance company, issued a policy of insurance to the plaintiff, a cotton compress company, on "cotton in bales, held by them in trust or on commission" and situated in specified places. The cotton was destroyed by fire in those places. The plaintiff received cotton for compression, and issued receipts to the depositors, which said "not responsible for any loss by fire." The holders of the receipts exchanged them with one or the other of two railroad companies for bills of lading of the cotton, which exempted the carrier from liability for loss or damage by fire. On issuing the bills of lading, the railroad companies notified the plaintiff of their issue, and ordered it to compress the cotton. It was burned while in the hands of the plaintiff for compression, after the bills of lading were issued. In a suit to recover on the policy,

Held:

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