Patchin v. . the Astor Mutual Insurance Co.
New York Court of Appeals
Appeal from á judgment of the supreme court in the 8th district. The action was on a policy of insurance upon seven-eighths of a steamer called the “ G. P. Griffith,” by which the defendant insured Richard Sears the sum of $6000 against the usual sea risks upon the lakes, including fire, upon time from the 4th April, 1850, to the 1st day of December following. The plaintiff was the assignee of Sears.
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Appeal from á judgment of the supreme court in the 8th district. The action was on a policy of insurance upon seven-eighths of a steamer called the “ G. P. Griffith,” by which the defendant insured Richard Sears the sum of $6000 against the usual sea risks upon the lakes, including fire, upon time from the 4th April, 1850, to the 1st day of December following. The plaintiff was the assignee of Sears. At the date of the policy, April 4th, 1850, the vessel was in port, from whence she sailed on the 14th day of that month. On the 17th day of June following, while on a voyage, she took fire and…
1Opinion of the CourtDenio, J.
I am not able to concur in the ruling by which one of the questions put to the witness, Heath, was excluded. Stebbins, who was qualified by his avocations and experience and his knowledge of his vessel to give an opinion, had testified in positive language to his belief in her entire seaworthiness. If it be true that when it was found she had taken firej he immediately referred the cause of the calamity to the dangerous condition of the water jackets, and made use of the strong and emphatic language attributed to him and which the defendant offered to prove by Heath, it could not be…
2Cases cited4 opinions
- Schell v. . PlumbNew York Court of Appeals · 1874
- New York Guaranty & Indemnity Co. v. GleasonNew York Court of Appeals · 1879
- Schell v. PlumbNew York Supreme Court · 1873
- Brooks v. CurtisNew York Supreme Court · 1871
3Cited by21 opinions
- Larkin v. . Nassau Electric R.R. Co.New York Court of Appeals · 1912
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- State v. AbramsOregon Supreme Court · 1883
- State v. MathesonSupreme Court of Iowa · 1905
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