Strong v. . Sun Mutual Ins. Co.
New York Court of Appeals
Appeal by the plaintiffs from a judgment of the Superior Court of Buffalo, rendered in favor of the defendant, on a demurrer to the complaint. The action was upon a time policy of insurance, upon the body, tackle, apparel and other furniture of the propeller Challenge, the property of the plaintiffs, valued at $28,000, commencing at the date of the policy, the 22d April, 1853, and ending on the 30th Hovember following, for navigation on the lakes and tributaries.
Read the full summary
Appeal by the plaintiffs from a judgment of the Superior Court of Buffalo, rendered in favor of the defendant, on a demurrer to the complaint. The action was upon a time policy of insurance, upon the body, tackle, apparel and other furniture of the propeller Challenge, the property of the plaintiffs, valued at $28,000, commencing at the date of the policy, the 22d April, 1853, and ending on the 30th Hovember following, for navigation on the lakes and tributaries. The amount insured by the defendant was $12,000. The complaint contained the following clauses: “And the said plaintiffs in fact…
1Opinion of the Court
The complaint was apparently drawn with a view to present the question of construction arising upon the exception contained in the policy. As the solution of that question depends upon the particular language used, we must assume that the averments contain verbally accurate extracts from the contract. The position of the defendant, upon that language, is that the insurers were not to be liable for the consequences to the vessel and its equipment and furniture, resulting from the bursting of the boilers; while the plaintiffs claim that the exemption from liability is limited to damage to the…
2Cases cited2 opinions
- Citizen's Insurance v. GlasgowSupreme Court of Missouri · 1845
- Hayward v. Liverpool & London Fire & Life InsuranceThe Superior Court of New York City · 1860
3Cited by6 opinions
- Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
- Demczuk v. JeniferCourt of Appeals of Maryland · 1921
- Brahan v. Meridian Light & Ry. Co.Mississippi Supreme Court · 1919
- Hayward v. Liverpool & London Life & Fire InsuranceNew York Court of Appeals · 1867
- Miller v. California InsuranceCalifornia Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.