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.
Read the full summary
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…
1Dissent
Hunt, C. (dissenting.)
This is a submission under section 372 of the Code. The defendants insured the vessel of the plaintiff against the perils of the seas while navigating our inland lakes and rivers. The policy was in the ordinary printed form, and contained the following printed statement, viz.: That there should be excepted from the perils insured against “ for damage that might be done from the bursting or explosion of boilers, collapsing of flues or breakage of machinery.” There was added in and by a written and controlling part of the policy, the following words: “It is hereby agreed…
2Cases cited1 opinion
- Charles St. John v. American Mutual F. & M. InsuranceThe Superior Court of New York City · 1852