Legal Opinion

Woodruff v. Commercial Mutual Insurance

New York Court of Common Pleas

Decided August 15, 1857PublishedCited by 1 opinion

This cause came before the general term on a verdict for plaintiffs, taken subject to the opinion of the court upon questions of law reserved. The action was brought to recover upon a policy of insurance made by defendants. This policy covered shipments already made, and others to be made, by plaintiffs, and reported to the company, and endorsed by them on the policy.

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This cause came before the general term on a verdict for plaintiffs, taken subject to the opinion of the court upon questions of law reserved. The action was brought to recover upon a policy of insurance made by defendants. This policy covered shipments already made, and others to be made, by plaintiffs, and reported to the company, and endorsed by them on the policy. Among the shipments thus endorsed on the policy, were 7,658 sacks of wheat, mentioned as having been shipped from New Orleans for New York by the ship Toulon. It appeared, on the trial, that some of the sacks of wheat had been…

1Opinion of the CourtBeady, J.

This is an action on a marine policy of insurance, issued by the defendants to the plaintiffs, on 7,658 sacks of wheat, shipped at New Orleans, on board the ship Toulon, in December, 1855. The evidence showed that some of the sacks of wheat had been in actual contact of sea water, shipped in heavy weather, or admitted through leaks occasioned by severe gales. The question presented is one of construction, as will appear hereafter.

The policy is partly printed and partly in writing. By the printed memorandum, so designated in the policy, it is agreed, among other articles therein enumerated,…

2Cited by1 opinion

  1. Wetzell v. DinsmoreNew York Court of Common Pleas · 1871

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