Fayerweather v. . Phenix Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York entered upon an order made May 4, 1887, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was upon a policy of marine insurance. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York entered upon an order made May 4, 1887, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was upon a policy of marine insurance. The material facts are stated in the opinion. As a policy of insurance is a unilateral instrument prepared by the insurer, its provisions are to be construed strictly against the insurer, f avorably to the insured. (May on Ins., §§ 175, 176). The contract of insurance gave to plaintiffs a right of indemnity…
1Opinion of the Court
Follett, Ch. J.
The plaintiffs were the owners of 211 bales of leather, which the Old Dominion Steamship Company undertook to transport by its steamer G-uyandotte from Norfolk, Ya. to New York, and deliver to the owners. The vessel reached New York, June 11, 1885, with the leather safe on board, and within twenty-four hours after arrival she sunk at her dock through the negligence of the employees of the steamship company. By this accident the leather was injured, as it is agreed, to the plaintiff’s damage in the sum of $1,295.32. In considering this case, the liability of the carrier to the…
2Cases cited7 opinions
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- Hall & Long v. Railroad Cos.Supreme Court of the United States · 1872
- Connecticut Fire Insurance v. Erie Railway Co.New York Court of Appeals · 1878
- Inman v. South Carolina Railway Co.Supreme Court of the United States · 1889
- Jackson Co. v. Boylston Mutual InsuranceMassachusetts Supreme Judicial Court · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Great Northern Oil Co. v. St. Paul Fire & Marine InsuranceSupreme Court of Minnesota · 1971
- Long Creek Building Ass'n v. State InsuranceOregon Supreme Court · 1896
- Kennedy Bros. v. Iowa State InsuranceSupreme Court of Iowa · 1902
- Hartford Fire Insurance v. PayneSupreme Court of Iowa · 1923
- Kalle & Co. v. MortonAppellate Division of the Supreme Court of the State of New York · 1913
14 more not listed; retrieve them via the Exa API.