Mathews v. Howard Insurance
New York Supreme Court
This was an appeal by the defendants from a judgment entered at a special term, overruling a demurrer to the complaint. The action was originally brought by the respondents against the insurers, the appellants, to recover a sum of money, on the following state of facts: the appellants, in the year 1848, insured the steam propeller Ontario, then navigating the river St. Lawrence and the lakes, from Ontario to Michigan.
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This was an appeal by the defendants from a judgment entered at a special term, overruling a demurrer to the complaint. The action was originally brought by the respondents against the insurers, the appellants, to recover a sum of money, on the following state of facts: the appellants, in the year 1848, insured the steam propeller Ontario, then navigating the river St. Lawrence and the lakes, from Ontario to Michigan. The perils insured against were “ of the lakes, rivers, canals, fires, jettisons, damage of the said vessel or any part thereof,” &c. And the policy contained a provision that…
1Opinion of the Court
By the Court, Johnson, J.
A collision is a peril, insured against by a policy, under the general terms perils of the sea, or perils of the lakes. And where another vessel is injured by a collision, in such a manner that the insured are compelled to respond in damages, the insurers are liable to the insured for such damages, under the contract. This general proposition seems to be now well established as a principle of the law of marine insurance in this country. (Peters v. The Warren Insurance Company, 14 Peters, 99. Hall v. The Washington Insurance Company, 2 Story's Rep. 176.) It is objected…
2Cases cited6 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Peters v. Warren InsuranceSupreme Court of the United States · 1840
- Patapsco Insurance v. CoulterSupreme Court of the United States · 1830
- Cleveland v. Union InsuranceMassachusetts Supreme Judicial Court · 1811
- Grim v. Phœnix InsuranceNew York Supreme Court · 1816
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mickey v. Burlington Ins.Supreme Court of Iowa · 1872
- Levi v. New Orleans Mut. Ins.U.S. Circuit Court for the District of Louisiana · 1874
- Nelson v. Suffolk InsuranceMassachusetts Supreme Judicial Court · 1851
- Nelson v. Suffolk InsuranceMassachusetts Supreme Judicial Court · 1851