Legal Opinion

Kratzenstein v. Western Assurance Co. of Toronto

New York Court of Appeals

Decided October 8, 1889PublishedCited by 93 opinions

Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made July 13, 1886, directing judgment in favor of the defendant, upon the submission of a controversy without action, under section 1279 of the Code of Civil Procedure. The question was whether or not the plaintiff was entitled to recover $503.52, with interest, for the loss of goods claimed by him to have been insured by the defendant.

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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made July 13, 1886, directing judgment in favor of the defendant, upon the submission of a controversy without action, under section 1279 of the Code of Civil Procedure. The question was whether or not the plaintiff was entitled to recover $503.52, with interest, for the loss of goods claimed by him to have been insured by the defendant. The facts, so far as material, are stated in the opinion. Every policy must, if possible, be taken as a whole. (B. E. S. R. R. Co. v. B. S. R. R.…

1Opinion of the CourtVann, J.

The claim of the plaintiff is based upon a policy of insurance issued by the defendant to the firm of Moses Lobe & Go., dated November 18, 1885, whereby, as stated in the printed portion thereof, it made insurance and caused “ the several persons indorsed thereon to be insured upon all kinds of lawful goods, wares and merchandise laden on board the good vessel or vessels, boat or boats, railroad or carriage, lost or not lost, at and from ports and places to ports and places, on a regular and lawful route, for the several amounts and at the rates as hereon indorsed, subject to the conditions…

2Cases cited3 opinions

  1. Miller v. Hannibal & St. Joseph RailroadNew York Court of Appeals · 1882
  2. Allen v. . St. Louis Insurance Co.New York Court of Appeals · 1881
  3. Chadsey v. . GuionNew York Court of Appeals · 1884

3Cited by93 opinions

  1. Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
  2. Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
  3. Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
  4. In Re Viking Pump, Inc. and Warren Pumps, LLC Insurance AppealsSupreme Court of Delaware · 2016
  5. Liquor Liability Joint Underwriting Ass'n v. Hermitage InsuranceMassachusetts Supreme Judicial Court · 1995

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