Legal Opinion

Williams v. Hays

New York Supreme Court

Decided May 13, 1892PublishedCited by 1 opinion

Appeal from circuit court, New York county. Action by Paul Williams against William Hays. From a judgment entered on a verdict directed for defendant, plaintiff appeals.

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Appeal from circuit court, New York county. Action by Paul Williams against William Hays. From a judgment entered on a verdict directed for defendant, plaintiff appeals. The complaint alleged, among other things, that the Phenix Insurance Company issued to the firm of Parsons & Loud a policy of insurance on a vessel of which they were part owners; that the vessel was lost on or about the 22d day of March, 1886, through the negligence of defendant; who was the master thereof; that by reason thereof the insurance company, on the 28th of October, 1886, paid the loss to Parsons & Loud under their…

1Opinion of the CourtVan Brunt, P. J.

The plaintiff, as assignee of the Phenix Insurance-Company, sues to recover an amount paid by the insurance company to Parsons & Loud, which, by such payment, became subrogated to their rights, under ,a policy of insurance issued by the said company to them as owners of one sixteenth of a certain brig. The complaint alleges that the defendant was the master of the brig, and that the loss and stranding thereof were caused, by the negligence, misconduct, and improper navigation of the defendant as-master. The defendant, by his supplemental answer, alleged that in an action brought by him…

2Cases cited4 opinions

  1. Gates v. . PrestonNew York Court of Appeals · 1869
  2. Castle v. . NoyesNew York Court of Appeals · 1856
  3. Doty v. . BrownNew York Court of Appeals · 1850
  4. Lawrence v. . CampbellNew York Court of Appeals · 1865

3Cited by1 opinion

  1. C. Graham & Sons Co. v. Van HornNew York Supreme Court · 1898

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