Legal Opinion

Murr v. Western Assurance Co. of Toronto

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1897PublishedCited by 2 opinions

Appeal by the defendant, The Western Assurance Company of the City of Toronto, Canada, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 19th day of April, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of February, 1897, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant, The Western Assurance Company of the City of Toronto, Canada, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 19th day of April, 1897, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of February, 1897, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the lltli of September, 1896. The complaint charges the wrongful conversion of a canal boat. The answer is a general denial. At the close of the…

1Opinion of the Court

Ward, J. :

The defendant is a Canadian corporation having an agency in Buffalo. It issued a policy of insurance to the plaintiff upon his canal boat in the sum of §1,700, running one year. The risk covered by the policy embraced an injury to the plaintiff’s canal boat, which occurred on the 6th of August, 1896, while the plaintiff’s boat, which had loaded at Buffalo, was proceeding down the Erie canal; when near Pendleton, in Niagara county, on its trip to New York, with a cargo of wheat, it ran against something in the canal and was sunk. The defendant’s agents, Messrs. Smith & Davis, of…

2Cited by2 opinions

  1. Murr v. Western Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1900
  2. Murr v. Western Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1898

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