Insurance Co. v. Fogarty
Supreme Court of the United States
Error to the Circuit Court for the Southern District of New York. Fogarty sued the Great Western Insurance Company on a policy of marine insurance and recovered a judgment for $2611.95 and costs. The policy was an open one, and the indorsement procured by the plaintiff on it was of insurance for $2250, on machinery on hoard the bark Ella Adele, at and from New York to Havana, free from particular average.
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Error to the Circuit Court for the Southern District of New York. Fogarty sued the Great Western Insurance Company on a policy of marine insurance and recovered a judgment for $2611.95 and costs. The policy was an open one, and the indorsement procured by the plaintiff on it was of insurance for $2250, on machinery on hoard the bark Ella Adele, at and from New York to Havana, free from particular average. The memorandum clause of the policy provided that machines and machinery of every description were warranted by the assured free from average unless general. The machinery insured consisted…
1Opinion of the CourtJustice Miller
The question presented in this case for consideration has been often in the courts, and the discriminations between what is total loss and what is not are frequently very nice and delicate. The authorities are by no means uniform or consistent with each other, when, as in the present case, the line of distinction is very narrow. Several cases bearing upon the one before us have been decided in this court, and perhaps a short review of them may aid us here better than a more extended examination of the numerous other authorities on the subject.
In the case of Biays v. Chesapeake Insurance Co.,…
2Cases cited2 opinions
- Morean v. United States InsuranceSupreme Court of the United States · 1816
- Biays v. Chesapeake InsuranceSupreme Court of the United States · 1813
3Cited by22 opinions
- Wilburn Boat Co. v. Fireman's Fund InsuranceSupreme Court of the United States · 1955
- Havens v. Germania Fire InsuranceSupreme Court of Missouri · 1894
- Royal Insurance Co. v. McIntyreTexas Supreme Court · 1896
- Williams v. Hartford Ins. Co.California Supreme Court · 1880
- Hamburg-Bremen Fire Insurance v. GarlingtonTexas Supreme Court · 1886
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