Howard v. Orient Mutual Insurance
The Superior Court of New York City
This is an appeal from a judgment entered upon a verdict, and from an order, made pro forma by his honor Judge Mc-Cunn, denying a motion for a new trial.
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This is an appeal from a judgment entered upon a verdict, and from an order, made pro forma by his honor Judge Mc-Cunn, denying a motion for a new trial. The action was brought upon a policy of insurance issued by the defendants, an insurance company of the city of New York, to the plaintiff, and dated October 22d, 1858, for the sum of $25,000. The plaintiff being a cotton spinner, of Hyde, near Manchester, England, in October, 1858. purchased, through his agent in the city of New York, 319 bales of cotton, which were shipped in that month on board the steamship Indian Empire, of the Galway…
1Opinion of the CourtBarbour, J.
I find no authority in the elementary writers on maritime insurance, nor in either of the many cases upon that subject which have been reported, for holding that, as between the assurer and the insured, the owner of insured cargo, not being the proprietor, also, of the ship, has any rights other than such as are possessed by the owner of a ship, upon which a policy has been effected by him. Nor am I able to discover any difference in principle, in this regard, between a man who is the owner of insured cargo on board his own ship, and one whose property is laden upon the vessel of another, and…
2Cases cited3 opinions
- Putnam v. WoodMassachusetts Supreme Judicial Court · 1807
- Saltus v. Commercial InsuranceNew York Supreme Court · 1813
- Van Valkenburgh v. Astor Mutual InsuranceThe Superior Court of New York City · 1857