Mercantile Mutual Insurance Company v. . Calebs
New York Court of Appeals
•Appeal from the Supreme Court. The plaintiff was underwriter on several policies of insurance upon goods shipped on board the defendant’s boats, in the city of blew York, in September, 1852, by several merchants, to be delivered at different ports in the Western States. The defendants were common carriers, doing business under thenamfrof the American Transportation Company.
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•Appeal from the Supreme Court. The plaintiff was underwriter on several policies of insurance upon goods shipped on board the defendant’s boats, in the city of blew York, in September, 1852, by several merchants, to be delivered at different ports in the Western States. The defendants were common carriers, doing business under thenamfrof the American Transportation Company. It was alleged in the complaint that the goods were damaged and wholly lost to the firms on whose account they were shipped, through the'carelessness and negligence of the ■ defendants: that being so lost they were wholly…
1Opinion of the CourtAllen, J.
If there had been no special agreement between the insured and the defendants, under the facts as found, the plaintiffs would undoubtedly have been entitled to recover, if the defendants were liable for the loss of the goods. The defendants received the goods to carry, as alleged in the complaint, and while in their possession they were so damaged, by a collision of the boat in which they were with another boat, that the goods were brought back to the city of New York. When they arrived there; they were found to be in such a state that they were abandoned by the owners to the plaintiffs. They…
2Cases cited5 opinions
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
- Atlantic Insurance v. Storrow & BoydNew York Court of Chancery · 1835
- Van Natta v. Mutual Security InsuranceThe Superior Court of New York City · 1849
- Chase v. Washington Mutual Insurance Co. of CincinnatiNew York Supreme Court · 1852
3Cited by15 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Jackson Co. v. Boylston Mutual InsuranceMassachusetts Supreme Judicial Court · 1885
- Fayerweather v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Dick v. Franklin Fire InsuranceMissouri Court of Appeals · 1881
- Hartford Fire Insurance v. PayneSupreme Court of Iowa · 1923
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