Cary v. Home Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, William N. Cary and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 15th day of December, 1920, upon the dismissal of the complaint by direction of the court at the close of the plaintiffs’ case.
1Opinion of the Court
H. T. Kellogg, J.:
This is an action to recover upon a marine policy of insurance for injuries to a vessel occasioned by its capsizing when moored to a wharf. The vessel was a barge, one hundred and fifteen feet over all by thirty-four feet beam. A cargo weighing six hundred tons was loaded upon its decks at Jersey City. The cargo consisted of steel bars, kegs of nails, nuts and hoop irons. The steel bars, which were round, were placed upon the decks running fore and aft. The rest of the cargo was piled on top of the bars. The barge was towed to pier No. .1, Bush Terminal, Brooklyn, where she…
2Cases cited3 opinions
- Berwind v. . Greenwich Ins. Co.New York Court of Appeals · 1889
- First National Bank v. President & Directors of Insurance Co. of North AmericaNew York Court of Appeals · 1872
- Van Wickle v. Mechanics & Traders' InsuranceNew York Court of Appeals · 1884
3Cited by5 opinions
- Shamrock Towing Co. v. American Ins. Co.Court of Appeals for the Second Circuit · 1925
- Jarvis Towing & Transportation Corp. v. Aetna InsuranceNew York Court of Appeals · 1948
- Levine v. Aetna Ins.Court of Appeals for the Second Circuit · 1943
- Houston Oil & Transport Co. v. Ætna Ins.District Court, S.D. Texas · 1929
- Kron v. Hanover Fire InsuranceNew York Supreme Court · 1963