Carr v. Providence Washington Insurance
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered upon tbe report of a referee. In 1877 tbe plaintiff was tbe owner of the schooner Almeda, engaged in navigating tbe lakes, between Buffalo and Chicago, and tbe defendant, in June of that year, placed a policy upon her in tbe sum of $3,500, tbe risks insured against being tbe perils of the lakes, tbe risk to expire on the thirtieth of November.
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Appeal from a judgment in favor of tbe plaintiff, entered upon tbe report of a referee. In 1877 tbe plaintiff was tbe owner of the schooner Almeda, engaged in navigating tbe lakes, between Buffalo and Chicago, and tbe defendant, in June of that year, placed a policy upon her in tbe sum of $3,500, tbe risks insured against being tbe perils of the lakes, tbe risk to expire on the thirtieth of November. Tbe value placed upon the vessel, tackle and other furniture, as stated in tbe policy, was $6,700. Tbe condition of liability on tbe part of tbe insurer was expressed in the body of tbe policy,…
1Opinion of the Court
BARKER, J. :
The referee, in his conclusions of fact, found that by reason of the perils insured against the vessel was so much damaged and broken that its value as a vessel was wholly destroyed, and it became and was an actual total loss as a vessel. In his conclusions of law he finds also that by reason of the stranding and wrecking of said vessel as stated in the finding of facts, it became and was, at the place of said stranding, an actual total loss according to the tenor of said policy. To these findings of fact and law the defendant took exceptions.
At the request of the defendant, the…
2Cases cited5 opinions
- Grosvenor v. . the Atlantic Fire Insurance Co. of BrooklynNew York Court of Appeals · 1858
- Osterhoudt v. Board of SupervisorsNew York Court of Appeals · 1885
- Wallerstein v. . the Columbian Insurance Co.New York Court of Appeals · 1870
- Burt v. . the Brewers and Maltsters' Ins. Co.New York Court of Appeals · 1879
- De Peyster v. . Sun Mutual Insurance CompanyNew York Court of Appeals · 1859