Singleton v. Phenix Insurance
New York Court of Appeals
Appeal from order of the General Term of the Supreme1 Court in the third judicial department, made June Y, 1890, which reversed a judgment in favor of defendant entered upon an order which dismissed the complaint.
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Appeal from order of the General Term of the Supreme1 Court in the third judicial department, made June Y, 1890, which reversed a judgment in favor of defendant entered upon an order which dismissed the complaint. August 2, 1886, the defendant insured the canal boat “ Mary Y. Keenan,” for one year from that date under a uniform canal hull policy, valued for $1,200, against the “ perils * - * of the inland lakes, rivers, canals, and fires that shall come to the damage of the said vessel, or any part thereof. Excepting all perils, losses, * * * arising from want of ordinary care and skill in…
1Opinion of the Court
Follett, Ch. J.
The plaintiffs do not assert that the loss was occasioned by any of the perils insured against except fire. The defendant insists that the fire was caused by some part of the lime being put on board during a rain storm, and .that the defendant is exempt from liability under the clause which provides that it shall not be liable in case the loss arises from want of ordinary care and skill in loading and stowing the cargo of said vessel.”
The captain of the boat and his son, who placed the cargo ■on board, testified that the lime was not wet while it was being transferred from the…
2Cases cited3 opinions
- City Fire Insurance v. CorliesNew York Supreme Court · 1839
- New York & Boston Despatch Express Co. v. Traders' & Mechanics' InsuranceMassachusetts Supreme Judicial Court · 1882
- Fowler v. . HaynesNew York Court of Appeals · 1883
3Cited by6 opinions
- O'Connor v. Queen Insurance Co. of AmericaWisconsin Supreme Court · 1909
- Lavitt v. Hartford County Mutual Fire InsuranceSupreme Court of Connecticut · 1927
- Gillig v. George C. Treadwell Co.New York Court of Appeals · 1897
- Giambalvo v. Phoenix InsuranceCity of New York Municipal Court · 1942
- Hagemeyer Trading Co. v. St. Paul Fire & Marine Ins.Court of Appeals for the Second Circuit · 1920
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