Arnold v. . the Pacific Mutual Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiffs, entered upon a verdict, and directing a new trial. (Reported below, 14 Hun, 83.) The nature of the action and the facts are set forth sufficiently in the opinion. The policy attached immediately upon the lading of the coffee on board at Santos, and without reference to any report, declaration or indorsement of the risk on the policy.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of plaintiffs, entered upon a verdict, and directing a new trial. (Reported below, 14 Hun, 83.) The nature of the action and the facts are set forth sufficiently in the opinion. The policy attached immediately upon the lading of the coffee on board at Santos, and without reference to any report, declaration or indorsement of the risk on the policy. (E. Carver Co. v. Manuf. Ins. Co., 6 Gray, 214; Weskett on Ins., 517; 1 Pars. Mar. Ins., 317; 1 Arn. on Ins. [4th ed.], 318;…
1Opinion of the CourtEarl, J.
This is an action upon an open policy of marine insurance. It is specified in the policy that the insurance was to cover one-sixth of all goods consigned to the plaintiffs upon vessels from Santos, in Brazil, “to New York, Baltimore or Boston direct, or via Hampton Boads lor orders.” The rate of insurance was “ one (net throughout the year) per cent, with additions and deductions to conform to the rates of the company, when the character of the risk and vessel, and time of sailing, are known.” The words in italics were written; the others, printed. It Aras also provided in the policy as…
2Cases cited4 opinions
- Columbian Insurance v. CatlettSupreme Court of the United States · 1827
- Clark v. United Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1811
- King v. Middletown Insurance Co.Supreme Court of Connecticut · 1814
- Coolidge v. GrayMassachusetts Supreme Judicial Court · 1812
3Cited by12 opinions
- Victoria Steamship Co. v. Western Assurance Co.California Supreme Court · 1914
- Thebaud v. . Great Western Ins. Co.New York Court of Appeals · 1898
- Atlantic Fruit Co. v. Hamilton Fire InsuranceNew York Court of Appeals · 1929
- Continental Insurance v. Ætna Insurance Co. of HartfordNew York Court of Appeals · 1893
- Boston Insurance v. Globe Fire InsuranceMassachusetts Supreme Judicial Court · 1899
7 more not listed; retrieve them via the Exa API.