Legal Opinion

Smith v. Northwestern Fire & Marine Insurance

New York Court of Appeals

Decided November 22, 1927PublishedCited by 13 opinions

1Opinion of the Court

Cardozo, Ch. J.

The plaintiff in each of these actions is the assignee of the insured under a contract of marine insurance. One action is brought upon a binder covering a hull; the other action is brought upon a certificate covering a cargo. The facts as to each contract must be separately stated.

On March 7, 1925, Joseph F. O’Boyle agreed to sell his steam lighter, the Traffic, to Neptune Trading Company, which was to make a payment of cash and give a purchase-money mortgage. A bill of sale was signed but never delivered, the buyer refusing to complete the purchase. While the contract was…

2Cases cited23 opinions

  1. Imperial Fire Insurance v. Coos CountySupreme Court of the United States · 1894
  2. M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
  3. Union Insurance v. SmithSupreme Court of the United States · 1888
  4. Steen v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1882
  5. Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871

18 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. May v. Hamburg-Amerikanische Packetfahrt AktiengesellschaftSupreme Court of the United States · 1933
  2. Henjes v. Aetna Ins. Co.Court of Appeals for the Second Circuit · 1943
  3. Hartford & New York Transp. Co. v. Rogers & Hubbard Co.Court of Appeals for the Second Circuit · 1931
  4. Read v. Agricultural Insurance Co.Wisconsin Supreme Court · 1935
  5. Cunningham v. Insurance Co. of North AmericaDistrict Court, E.D. New York · 2007

8 more not listed; retrieve them via the Exa API.

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