BAKER CASTOR OIL COMPANY v. INSURANCE COMPANY OF NORTH AMERICA.

(1944) 78 Ll.L.Rep. 240

UNITED STATES.DISTRICT COURTFOR THE SOUTHERN DISTRICTOF NEW YORK.

Before District Judge Goddard.

War insurance-Restraints of Kings, princes and peoples-Vis major-Insurance by defendant insurance company of plaintiffs' cargo shipped in Brazilian vessels from Brazilian ports to United States ports- New York nominated as port of discharge -Vessels owned and operated by Brazilian Government through department known as Lloyd Brasileiro for purpose of carrying privately-owned cargoes in foreign trade for profit-Application made by Lloyd Brasileiro to United States Maritime Commission (prior to entry of United States into war) for "warrants" entitling Lloyd Brasileiro to priorities and facilities for loading, discharging, bunkers, etc. - Warrants issued provided shipowners agreed to abide by regulations of Maritime Commission (later the War Shipping Administration) as to routeing, etc.- Brazilian vessels sunk by submarine- Orders given by Lloyd Brasileiro to its vessels to put into nearest Brazilian port - Application by Lloyd Brasileiro to insurance committee of War Shipping Administration for hull war risk insurance granted provided vessels proceeded to New Orleans instead of New York-Vessels directed by Lloyd Brasileiro to proceed to New Orleans-Cargoes discharged at New Orleans, plaintiffs procuring and paying for carriage by rail to their factory at Bayonne (New Jersey)-Claim to recover such freight charges from defendant company.