Hughes v. Mercantile Mutual Insurance Co.
New York Court of Common Pleas
On January 25th, 1866, the plaintiff applied to the defendant for insurance upon the bark Empress, for account of whom it might concern. The application was prepared at defendant’s office by their secretary, Newcomb, and in a conversation had with, and a statement made by the plaintiff, as to the nature and condition of the property, for which insurance was sought.
Read the full summary
On January 25th, 1866, the plaintiff applied to the defendant for insurance upon the bark Empress, for account of whom it might concern. The application was prepared at defendant’s office by their secretary, Newcomb, and in a conversation had with, and a statement made by the plaintiff, as to the nature and condition of the property, for which insurance was sought. On the same day a policy upon the good bark Empress, or by whatever other name or names the said vessel is or shall be named or called, insuring her for $5,000, from December 32, 1865, to December 12, 1866, against perils of the…
1Opinion of the CourtLarremore, J.
The principal questionsxpresented by this appeal are: 1st. The identity of the vessel insured.
2d. Plaintiff's knowledge of the loss at the time he applied for and obtained the insurance.
3d. Whether the policy in which the woivs “ lost or,not lost,” are omitted, was intended to and did cover a total loss existing at the time it was issued.
The jury have found in favor of plaintiff upon the 1st and 2d of these propositions, and the verdict should not be dis-' turbed unless for error upon the trial.
The first objection raised was to the admission of evidence, on the part of the plaintiff, to show…
2Cases cited11 opinions
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- Kernochan v. . the New-York Bowery Fire Insurance CompanyNew York Court of Appeals · 1858
- O'Niel v. . the Buffalo Fire Ins. Co.New York Court of Appeals · 1849
- Greenfield v. Massachusetts Mutual Life InsuranceNew York Court of Appeals · 1872
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Clark, Trustee, Etc. v. . FosdickNew York Court of Appeals · 1889
- Kent v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- American Fabrics Co. v. BenedictNew York Supreme Court · 1937
- Clark v. FosdickNew York Court of Common Pleas · 1886