Barney Dumping-Boat Co. v. Niagara Fire Ins. , 67 F. 341 ( 1895 )

PER CURIAM.

Libelant cannot recover under tlie “sue and labor” clause of the policy, as there was no necessity to defend, safeguard, or recover tbe property. Nor did the instructions of Carpinter & Baker, even if they be considered agents of the respondent, authorize the sending of a tug to look for the boats, since those instructions were qualified with the proviso that such action should be talien only if the boats were adrift.

The decree of the district court is affirmed, with costs.