District Court, S.D. New York April 29, 1959 (Purofied Down Products Corp. v. Travelers Fire Insurance)

LEVET, District Judge.

This is an action by an insured for a loss under a marine open cargo policy of insurance. Prior to the commencement of this action the defendant paid to the plaintiff $52,000 which was the ■invoice amount of the shipment here at ■issue. Plaintiff seeks in this action to recover the cost of freight plus an additional 10% allegedly due as a result of said loss.