Clarkson v. Western Assurance Co.
New York Supreme Court
Action by Edward ¡R. C. Clarkson and others against the Western Assurance Company to compel defendant to issue a policy in accordance with an accepted application, and to recover the amount of the policy. A verdict was directed for defendant, subject to the opinion of the general term. Verdict set aside, and new trial ordered. ■
1Opinion of the CourtWard, J.
The complaint in this action alleged,' in substance, that on the 9th day of December, 1892, Melville F. Brown and Charles H. Blakesly were the owners of the steamer ¡Northerner, and Thomas Maytham, Edward C. Maytham, Lambert W. Drake, and John ICelderhouse were mortgagees, holding a mortgage thereon, and that, on said last-named day, the said mortgagees applied to the defendant to insure $6,000 on said steamer against loss by fire for the term of four months from that date, loss, if any, payable to said mortgagees; that *54the defendant accepted the application, and on the 12th day of December,…
2Cases cited8 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Hay v. . Star Fire Insurance CompanyNew York Court of Appeals · 1879
- Shaw v. . Republic Life Ins. Co.New York Court of Appeals · 1877
- Ellis v. . Albany City Fire Insurance Co.New York Court of Appeals · 1872
- Insurance Co. v. ColtSupreme Court of the United States · 1875
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3Cited by3 opinions
- Reynolds v. Westchester Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Clarkson v. Western Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Gonsenhauser v. Home InsuranceNew York Supreme Court · 1967