Van Natta v. Mutual Security Insurance
The Superior Court of New York City
Demurrer to declaration on a policy of insurance. The declaration contained five counts. The first set forth that on the 21st July, 1847, the defendants executed to the plaintiff, a policy of insurance in the sum of $5000, upon the cargo of the G. B. Webster, on her voyage from New York to Buffalo.
Read the full summary
Demurrer to declaration on a policy of insurance. The declaration contained five counts. The first set forth that on the 21st July, 1847, the defendants executed to the plaintiff, a policy of insurance in the sum of $5000, upon the cargo of the G. B. Webster, on her voyage from New York to Buffalo. That the insurance so made was for the proper account and benefit of the plaintiff as a common carrier for hire, of goods, &c.; that the cargo was shipped, July 22d, 1847, and the vessel left New York a day or two after, and that on the 31st of July, the boat and cargo were consumed by fire,…
1Opinion of the CourtBy the Court. Sandford, J.
The principal question raised by the demurrer, is whether the plaintiff) who insured the cargo of a canal boat, can recover upon proof of interest as a common carrier. It was decided by the King’s Bench in Crowley v. Cohen, (3 B. & Ad. 478,) that the interest of a carrier in goods carried by him, was covered by a policy insuring goods in canal navigation boats, without any other description of the particular interest intended to be covered. The insurance was on “ goods as interest might appear,” but the case did not turn upon this clause. It was placed on the broad ground, that the subject…
2Cases cited1 opinion
- Granger v. Howard InsuranceNew York Supreme Court · 1830
3Cited by6 opinions
- Aurora Fire Insurance v. JohnsonIndiana Supreme Court · 1874
- Jackson Co. v. Boylston Mutual InsuranceMassachusetts Supreme Judicial Court · 1885
- Mercantile Mutual Insurance Company v. . CalebsNew York Court of Appeals · 1859
- British & Foreign Marine Insurance v. Gulf, C. & S. F. R'y Co.Texas Supreme Court · 1885
- Rohrbach v. Ætna InsuranceNew York Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.