Ryan v. Providence Washington Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Erie county. Action by Thomas M. Ryan and another against the Providence Washington Insurance Company. From a judgment in favor of ■plaintiffs, and an order denying defendant’s motion for a new trial, •defendant appeals. Reversed. The action was commenced on the 19th day of July, 1899, to recover upon a policy of insurance issued by the defendant, insuring a steam canal boat against damage by fire and marine perils.
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Appeal from trial term, Erie county. Action by Thomas M. Ryan and another against the Providence Washington Insurance Company. From a judgment in favor of ■plaintiffs, and an order denying defendant’s motion for a new trial, •defendant appeals. Reversed. The action was commenced on the 19th day of July, 1899, to recover upon a policy of insurance issued by the defendant, insuring a steam canal boat against damage by fire and marine perils. The action was first tried in November, 1899, when a verdict was directed "in favor of the plaintiffs. Upon defendant’s motion a new trial was granted upon…
1Opinion of the CourtMcLENNAN, J.
On the 7th day of September, 1898, the defendant issued a policy of insurance, dated that day, by which it insured the steam canal boat Gowanda, which was owned by one Lewis, • against the perils of “the harbors, bays, sounds, canals, rivers, and fires,” from noon on the 27th day of September, 1898, until noon of the 27th day of September, 1899, in the sum of $3,500. Loss, if any, payable to the plaintiffs. Among the conditions contained in the •policy was the following:
“Also warranted to be securely moored in a safe place, satisfactory to this -company [the defendant], between noon of the…
2Cases cited15 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Frear v. . SweetNew York Court of Appeals · 1890
- Farmers' Loan & Trust Co. v. Housatonic RailroadNew York Court of Appeals · 1897
- Berwind v. . Greenwich Ins. Co.New York Court of Appeals · 1889
- First National Bank v. President & Directors of Insurance Co. of North AmericaNew York Court of Appeals · 1872
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3Cited by1 opinion
- Whealton Packing Co. v. Ætna Ins.Court of Appeals for the Fourth Circuit · 1911