Legal Opinion

Merchants' Steamship Co. v. Commercial Mutual Insurance

The Superior Court of New York City

Decided March 3, 1885PublishedCited by 2 opinions

Appeal from judgment in favor of the plaintiff, entered upon the findings of a judge sitting at trial term, without a jury. The action was for loss upon a policy of marine insurance. There were two policies, one for $4,000 on vessel, free of particular average ; the other for $2,000 on vessel, free of particular average.

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Appeal from judgment in favor of the plaintiff, entered upon the findings of a judge sitting at trial term, without a jury. The action was for loss upon a policy of marine insurance. There were two policies, one for $4,000 on vessel, free of particular average ; the other for $2,000 on vessel, free of particular average. Each policy contained the clauses : “ the said vessel, tackle, &c., hereby insured, are valued at $20,000 on hull, tackle, apparel and other furniture; $20,000 on boilers and machinery; without any further account being given by the assured to the assurers, or any of them,…

1Per curiam

The policies described the subject of the insurance in the following terms : “On vessel, the body tackle and apparel, and other furniture of the good steamship called the Falcon. . . The said vessel, tackle, etc., hereby insured, are valued at $20,000, on hull, tackle, apparel and other furniture; $20,000 on. boilers and machinery. ” The two valuations indicate separate subjects of insurance, and the contract is to he enforced distributively as to the particulars under each valuation con*455sidered as a whole (Deidericks v. The Commercial Ins. Co. of N. Y., 10 Johns. 234; Wallerstein v. The…

2Cases cited3 opinions

  1. Wallerstein v. . the Columbian Insurance Co.New York Court of Appeals · 1870
  2. Columbian Insurance v. BlackNew York Supreme Court · 1820
  3. Deidericks v. Commercial InsuranceNew York Supreme Court · 1813

3Cited by2 opinions

  1. Washburn & Moen Manufacturing Co. v. Reliance Marine InsuranceSupreme Court of the United States · 1900
  2. American S. S. Co. v. Indemnity Mut. Marine Ins.District Court, S.D. New York · 1901

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