Sherwood v. . Mercantile Mutual Insurance Company
New York Court of Appeals
This was an action upon a policy of insurance on the cargo of a canal boat, for a voyage on the Erie canal from Albion to Albany. The policy contained this clause : “It is understood, that if in consequence of ice or the closing of navigation, the said voyage cannot be finished the same season, the risk to end at the place and at the time the voyage is stopped, three days being given to discharge.”
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This was an action upon a policy of insurance on the cargo of a canal boat, for a voyage on the Erie canal from Albion to Albany. The policy contained this clause : “It is understood, that if in consequence of ice or the closing of navigation, the said voyage cannot be finished the same season, the risk to end at the place and at the time the voyage is stopped, three days being given to discharge.” The boat reached the village of Durhamville on the twenty-eighth or thirtieth of November, and went on to a dry dock the next day for repairs. She was taken off at night and laid by the dock, as…
1Opinion of the Court
Allen, J.,
reads for affirmance of order granting a new trial, and for judgment absolute against defendant.
All concur.
Order reversed and judgment accordingly
2Cited by1 opinion
- Delahunt v. Ætna Insurance Co. of HartfordNew York Court of Appeals · 1885