Evans v. . the Columbian Insurance Company
New York Court of Appeals
Appeal from a judgment in favor of the defendant, rendered at a General Term of the Supreme Court, in the eighth district, upon submission of a case under section 372 ■ of the Code of Procedure.
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Appeal from a judgment in favor of the defendant, rendered at a General Term of the Supreme Court, in the eighth district, upon submission of a case under section 372 ■ of the Code of Procedure. On the 17th of March, 1864, the defendant issued to the plaintiff a policy of insurance, insuring $25,000 upon the body, tackle and apparatus, and other furniture of the steamship (propeller) called the Mile, from 16th April, 1864, to the 16th of December in the same year, the defendant taking upon itself the perils of the lakes, rivers, canals, fires and seasons that should come to the vessel and…
1Opinion of the Court
Gray, C.
If the loss of this vessel was immediate upon, and not subsequent to the bursting of the boiler, the defendant is entitled to judgment. In order to a recovery by the plaintiffs, the onus is upon them to show by the facts agreed upon that it was subsequent to that event. The conceded facts do not, as a whole, in any aspect in which they can be presented, contain an admission or justify an inference that there was, between the bursting of the boiler and the time when the vessel became submerged, a moment, when for any premium however great she could have been insured against sinking, or…
2Cited by7 opinions
- Commercial Union Fire Ins. Co. Of New York v. Bank of GeorgiaCourt of Appeals for the Fifth Circuit · 1952
- Hartford Fire Insurance Company v. BalchSupreme Court of Oklahoma · 1960
- Heffron v. Jersey Insurance Company of New YorkDistrict Court, E.D. South Carolina · 1956
- Travellers Indemnity Co. v. B & B Ice & Coal Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Allen v. Manhattan Fire & Marine Insurance Co.Court of Appeals of Texas · 1975
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