Snyder v. . Atlantic Mutual Ins. Co.
New York Court of Appeals
Appeal from judgment, of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 2, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was upon a policy of marine insurance. • The material facts are stated in the opinion. In the absence of proof to the contrary the policy was presumptively binding and effectual from its date.
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Appeal from judgment, of the General Term of the Supreme Court, in the third judicial department, entered upon an order made February 2, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was upon a policy of marine insurance. • The material facts are stated in the opinion. In the absence of proof to the contrary the policy was presumptively binding and effectual from its date. (1 Phillips on Ins., § 127.) The fair and reasonable construction of a policy like the one in suit is to extend it so as to cover the time during which preparations were being…
1Opinion of the Court
Ruger, Ch. J.
On June 13, 1879, the defendant executed and delivered a marine policy of insurance, for account of whom it might concern, upon the steam tug “ C. F. Ackerman,” belonging to the plaintiff’s testator, “ lost or not lost, at and from Bermuda to New York,” to sail during the month of July. The policy also contained the following clause: “Beginning the adventure upon the said vessel, tackle, apparel, etc., at and from as aforesaid, and so shall continue and endure until the said vessel be safely arrived at as aforesaid, etc., and until she lie moored twenty and four hours in good…
2Cases cited4 opinions
- Vos v. RobinsonNew York Supreme Court · 1812
- Kemble v. BowneNew York Supreme Court · 1803
- Reade v. Commercial InsuranceNew York Supreme Court · 1808
- Stevens v. . the Commercial Mutual Insurance CompanyNew York Court of Appeals · 1863
3Cited by8 opinions
- May v. Hamburg-Amerikanische Packetfahrt AktiengesellschaftSupreme Court of the United States · 1933
- Smith v. Northwestern Fire & Marine InsuranceNew York Court of Appeals · 1927
- Thebaud v. . Great Western Ins. Co.New York Court of Appeals · 1898
- Aktiebolaget M. Bank v. A.M.M. Ins. Co.New York Court of Appeals · 1925
- Aktiebolaget Malareprovinsernas Bank v. American Merchant Marine InsuranceNew York Court of Appeals · 1925
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