Burt v. . the Brewers and Maltsters' Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon an order nonsuiting plaintiff on trial, and affirming an order denying a motion for a new trial. (Reported below, 9 Hun, 383.) This was an action on a policy of marine insurance, underwritten by the three companies, defendants herein.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendants, entered upon an order nonsuiting plaintiff on trial, and affirming an order denying a motion for a new trial. (Reported below, 9 Hun, 383.) This was an action on a policy of marine insurance, underwritten by the three companies, defendants herein. The insurance was limited by a memorandum, in manuscript, written across the margin of the policy in the following words : “Against actual, total loss only.” The vessel insured" became disabled and went…
1Per curiam
This was an insurance' upon the vessel “ against actual total loss only.” After her disaster she remained a vessel, and as such reached her port of destination afloat. In such case it is too well settled to need further discussion that there is not “ an actual total loss,” and that the underwriter is not liable. The essential facts were undisputed and there was nothing, therefore, for submission to the jury. The well considered opinion of Talcott, J., at the General Term renders it needless to add more.
The judgment must be affirmed, with costs.
All concur.
Judgment affirmed.
2Cited by6 opinions
- Corbett v. . Spring Garden Ins. Co.New York Court of Appeals · 1898
- Washburn & Moen Manufacturing Co. v. Reliance Marine InsuranceSupreme Court of the United States · 1900
- Fireman's Fund Ins. v. Globe Nav. Co.Court of Appeals for the Ninth Circuit · 1916
- Carr v. . Security Insurance Co.New York Court of Appeals · 1888
- Insurance Co. of North America v. Canada, Sugar-Refining Co.Court of Appeals for the Second Circuit · 1898
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