Snowden v. . Guion
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, made March 3, 1884, which reversed a judgment, in favor of plaintiffs, entered upon a verdict. (Reported below, 18 J. & S. 137.) This action was upon an open policy of marine insurance issued by defendant and others, known as the “ United States Lloyds.”
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Appeal from order of the General Term of the Superior Court of the city of New York, made March 3, 1884, which reversed a judgment, in favor of plaintiffs, entered upon a verdict. (Reported below, 18 J. & S. 137.) This action was upon an open policy of marine insurance issued by defendant and others, known as the “ United States Lloyds.” As issued, it contained this clause: “ The United States Lloyds, liable only for loss of animal or animals, caused directly by stranding, sinking, burning or collision.” Afterward this was changed by inserting after the words “ directly by,” the words “ a…
1Opinion of the CourtFinch, J.
The question whether the policy, as modified, by the insertion of the words “ a sea,” covered the shipment of cattle upon the steamer Greece, or took effect only upon later shipments, was one of fact, depending upon the inquiry when the modification was made, and whether before or after the risk by the shipment in controversy was assumed. That shipment was made on the 14th of February, 1878, and the steamer sailed with its cargo of cattle uninsured. An open policy with its blanks unfilled was at that date in the possession of the shippers, but could only become operative by a special…
2Cases cited3 opinions
- Chapin v. . DobsonNew York Court of Appeals · 1879
- McCall v. . Sun Mutual Ins. Co.New York Court of Appeals · 1876
- Hemmenway v. EatonMassachusetts Supreme Judicial Court · 1816
3Cited by5 opinions
- St. Paul Fire & Marine Ins. Co. v. Pure Oil Co.Court of Appeals for the Second Circuit · 1933
- Naiman v. Niagara Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1955
- Woodard v. FosterNew York Supreme Court · 1892
- St. Paul Fire &. Marine Ins. Co. v. Pure Oil Co.District Court, S.D. New York · 1932
- Genet v. President, Managers & Company of the Delaware & Hudson Canal Co.The Superior Court of New York City · 1888