Home Insurance v. Western Transportation Co.
The Superior Court of New York City
This action was brought to recover damages for injury to a cargo of wheat on- board of a vessel on the Erie canal, in the year 1860, caused by the negligence of the defendants in their- transportation of it as common carriers from Buffalo to New York. The plaintiffs claimed such damages by a title derived from the consignees of such cargo (Messrs.
Read the full summary
This action was brought to recover damages for injury to a cargo of wheat on- board of a vessel on the Erie canal, in the year 1860, caused by the negligence of the defendants in their- transportation of it as common carriers from Buffalo to New York. The plaintiffs claimed such damages by a title derived from the consignees of such cargo (Messrs. L. Roberts & Go.), and acquired before the commencement of this action. • The plaintiffs insured such cargo on its voyage, under an open policy. The defendants gave a bill of lading for its delivery absolutely to the consignees, in the same…
1Opinion of the Court
Robertson, Ch. J.
The plaintiffs in this case, if they were assignees of the cause of action before any settlement made by the defendants with the consignees, unless such defendants had no notice of such assignment, were entitled to recoveror so, too, if they had a legal right in equity to such settlement, and the defendants knew the facts out of which such equitable rights arose, a settlement made in fraud of such right would be void. It has been frequently held in the courts of this state, as well as those of Massachusetts, that where an owner of goods insured, and damaged by perils insured…
2Cases cited3 opinions
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Atlantic Insurance v. StorrowNew York Court of Chancery · 1833
- New-York Insurance v. RouletCourt for the Trial of Impeachments and Correction of Errors · 1840