Mannheim Ins. Co. v. Charles Clarke & Co.
Court of Appeals of Texas
Appeal ■ from . District Court, Galveston County; Clay S. Brigg, Judge. Action by Charles Clarke, doing business under the name of Charles Clarke & Co., against the Mannheim Insurance Company. From a judgment for plaintiff, defendant appeals.
1Dissent
I cannot agree with my Associates in the conclusion that the loss sustained by the appellee, for recovery of which this suit was brought, was not covered by the insurance policy sued on and therefore appellee is not entitled to recover such loss.
The question is whether the sinking of appellee's boat in the circumstances alleged in the petition and shown by the evidence was a "peril of the sea," as that term was used and understood by the parties in the policy of insurance.
The opinion of the majority quotes a number of definitions of the term "perils of the sea," and assuming that these…
2Cases cited8 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- General Mutual Insurance v. SherwoodSupreme Court of the United States · 1853
- Potter v. Suffolk Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1835
- Seaman v. Enterprise Fire & Marine Ins.U.S. Circuit Court for the District of Eastern Missouri · 1884
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
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