Legal Opinion

McNally v. Insurance Co. of North America

New York Supreme Court

Decided March 15, 1900PublishedCited by 1 opinion

Aotioe on a marine insurance policy.

1Opinion of the CourtBetts, J.

This is an action brought on a marine insurance policy.

The plaintiff was the owner of the canal-boat A. & G. Rathgeber, which was insured by the defendant.. The boat was subsequently wrecked.

The defense is that the boat was injured and sunk by natural wear and tear, and not by the perils of the sea, or any of the perils insured against by the policy.

The facts are substantially as follows: The boat was insured for general freighting business in the navigation of certain waters in and about the city of Rew York. On or about the 18th day of October, 1898, the following indorsement was made by…

2Cases cited3 opinions

  1. Potter v. Suffolk Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1835
  2. Petrie v. Phenix InsuranceNew York Court of Appeals · 1892
  3. Hagar v. New England Mutual Marine InsuranceSupreme Judicial Court of Maine · 1871

3Cited by1 opinion

  1. Frederick Starr Contracting Company v. Aetna Insurance CompanyCourt of Appeals for the Second Circuit · 1960

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