Rolker v. Great Western Insurance
New York Court of Appeals
August Rolker and others, constituting the firm, of Rolker, Mollmann & Go., sued the Great Western Insurance Company in the New York superior court on a policy of marine insurance. The material part of the policy was as follows : the words which were written being here indicated by italics.
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August Rolker and others, constituting the firm, of Rolker, Mollmann & Go., sued the Great Western Insurance Company in the New York superior court on a policy of marine insurance. The material part of the policy was as follows : the words which were written being here indicated by italics. “ By the Great Western Insurance Company, A. Rolker, Mollmann & Co., on account of whom it may concern, for outward shipments and homeward, to he for account of themselves and to he consigned to them hy invoice and hill of lading. In case of loss, to be paid to them.” Do make insurance and cause to be…
1Opinion of the Court
By the Court.
Leonard, J.—
question in this case turns upon the right interpretation - of the language of the policy. The sentence occurring at the beginning, in which the interests to be covered are sought to be described, is badly constructed, and some alteration of punctuation or language is necessary in order to make it accurately express the meaning which either party seek to attach. Are the words “ and to be consigned to them by invoice and bill of lading,” to be con*79sfcrued so as to diminish or enlarge the remedy of the plaintiffs under the policy, in the case of loss by- the perils…
2Cited by1 opinion
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