Van Wickle v. Mechanics & Traders' Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made February 6, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 16 J. & S. 95.) This action was brought to recover the amount of an insurance upon a cargo of coal, made by indorsement upon an open policy which contained this description of the risks.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made February 6, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 16 J. & S. 95.) This action was brought to recover the amount of an insurance upon a cargo of coal, made by indorsement upon an open policy which contained this description of the risks. “ Beginning the adventure upon the said property from and immediately following the loading thereof at the port or place named in this indorsement,…
1Opinion of the CourtMiller, J.
Upon the trial of this action, the complaint was dismissed by the judge on motion of defendant’s counsel upon the ground that the proof did not show that the vessel in which the coal was transported was seaworthy, which the policy of insurance required her to be. In every case of marine insurance there is an implied warranty of seaworthiness on the part of the insured, and if the vessel is not seaworthy the policy does not attach. (1 Arn. on Ins. 652, 667; 2 Pars. on Cont. [5th ed.] 375; Allison v. Corn Exchange Ins. Co., 57 N. Y. 87; Draper v. Commercial Insurance Co., 21 id. 378; Howard v.…
2Cases cited1 opinion
- Allison v. . Corn Exchange Ins. Co.New York Court of Appeals · 1874
3Cited by12 opinions
- Cary v. . Home Insurance Co.New York Court of Appeals · 1923
- Berwind v. . Greenwich Ins. Co.New York Court of Appeals · 1889
- Kentucky Vermillion Mining & Concentrating Co. v. Norwich Union Fire Ins. Soc.Court of Appeals for the Ninth Circuit · 1906
- Perry v. CobbSupreme Judicial Court of Maine · 1896
- Cary v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1921
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