Burt v. Brewers & Maltsters' Insurance
New York Supreme Court
Appeal from a judgment in favor of the defendants, entered upon a nonsuit directed at the Circuit, and from an order denying a motion for a new trial made at the Special Term upon a case and exceptions.
1Opinion of the Court
Taloott, J.:
This is an action on a policy of marine insurance, underwritten by the three companies named in the title. The plaintiff was non-suited on the trial at the Oswego Circuit, and a motion for a new trial was afterwards denied at the Special Term, and this appeal is from the judgment and order denying a new trial.
The insurance was limited by a memorandum, in manuscript, written across the margin of the policy in the following words: “Against actual total loss only.” This restriction was ignored by the complaint, which proceeded upon the theory of a oonstruotive total loss. It was,…
2Cases cited6 opinions
- Maggrath v. ChurchNew York Supreme Court · 1803
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
- Wallerstein v. . the Columbian Insurance Co.New York Court of Appeals · 1870
- Buchanan v. Ocean Insurance Co.New York Supreme Court · 1826
- Leeds v. . the Mechanics' Insurance CompanyNew York Court of Appeals · 1853
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