Hughes v. Mercantile Mutual Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff, entered on a verdict, and affirming an order denying a motion for a new trial. This action was brought upon a policy of marine insurance. The vessel insured was described in the policy as follows: “The good bark called the Empress, or by whatever other name or names the said vessel is or shall be named or called.”
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of plaintiff, entered on a verdict, and affirming an order denying a motion for a new trial. This action was brought upon a policy of marine insurance. The vessel insured was described in the policy as follows: “The good bark called the Empress, or by whatever other name or names the said vessel is or shall be named or called.” The complaint alleged that the bark intended to be insured was called the St. Mary, and that defendant, in making out the policy, by…
1Opinion of the Court
■Andrews, J.
It was incumbent upon the plaintiff, before he could recover for the loss of the bark “ St. Mary,” to show that the contract of insurance related to that vessel.
*267The policy of insurance was upon the bark “ Empress, or by whatever other name or names the vessel is or shall be named or called.” The bark lost was the “ St. Mary,” but the mistake in the name was no obstacle to a recovery, if in point of fact the underwriter, when the policy was issued, knew the true name, or intended to insure the particular vessel which was lost. (1 Arnould on Ins., 30, 170; 1 Duer on Ins., 172; Sea…
2Cases cited5 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Plumb v. . Cattaraugus Co. Mutual Insurance Company.New York Court of Appeals · 1858
- Hazard v. New England Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1832
- Hammond v. AllenU.S. Circuit Court for the District of Rhode Island · 1836
- Sea Insurance v. FowlerNew York Supreme Court · 1839
3Cited by1 opinion
- In re Albert Smith Sheldon for the Proof & Probate of an Alleged Last Will & Testament of HudsonNew York Supreme Court · 1913