Legal Opinion

McColl v. Sun Mutual Insurance

The Superior Court of New York City

Decided March 30, 1872Published

• • Appeal from a judgment; also from an order refusing a new trial. The facts in the case and the question appear fully in the opinions of the court.

1Opinion of the Court

By the Court.—Curtis, J.

The defendants, by their policy, dated November 26, 1864, insured the plaintiffs, on account of whom it might concern, loss payable to them or order, on the bark Lindo, for the" voyage, “at and from Miramachi to a port in Cape Breton, and at, and thence to New York.”

By the policy, it was agreed, that in case of any *315claim for loss or damage, a deduction of one-third from the cost of repairing or replacing the same should be made, after certain other deductions enumerated in the policy; also, that if a technical total loss be claimed, similar deductions should be made…

2Cases cited5 opinions

  1. Wood v. Lincoln & Kennebeck InsuranceMassachusetts Supreme Judicial Court · 1810
  2. King v. Middletown Insurance Co.Supreme Court of Connecticut · 1814
  3. Bennett v. HallSupreme Court of Connecticut · 1815
  4. Patrick v. Commercial InsuranceNew York Supreme Court · 1814
  5. Fiedler v. New York InsuranceThe Superior Court of New York City · 1857

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