Sturm v. . Atlantic Mutual Insurance Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 6 J. & S., 281.) This action was brought upon a policy of marine insurance, issued by the defendant to the plaintiff, upon a cargo shipped on the schooner Samuel, T. Reese, on a voyage from Hew York to Vera Cruz.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 6 J. & S., 281.) This action was brought upon a policy of marine insurance, issued by the defendant to the plaintiff, upon a cargo shipped on the schooner Samuel, T. Reese, on a voyage from Hew York to Vera Cruz. The insurance was for $30,000, “on account of whom it may concern,” loss to be paid to plaintiff. The cargo was valued in the policy at $213,000. The whole amount of insurance was $163,000. The vessel, with her…
1Opinion of the Court
* Folger, J. *******
The questions presented by the two motions for a nonsuit are three. The first is, that the plaintiff had not shown that he was entitled to the property or the possession thereof, and that it clearly appeared that the interest in the property was not in the plaintiff. .This is addressed to the question of insurable interest. It was not much urged on the argument in this court, nor was it abandoned. No view of the testimony will sustain the conclusion that the property was not, at the time of the shipment of it, under the control of the plaintiff. At that time, in the actual…
2Cases cited10 opinions
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- The People v. . ColeNew York Court of Appeals · 1871
- Kimball & Rowe v. Davis & BrownNew York Supreme Court · 1838
- Brown v. KimballNew York Supreme Court · 1840
- Coolidge v. Gloucester Marine InsuranceMassachusetts Supreme Judicial Court · 1819
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Newton v. . PorterNew York Court of Appeals · 1877
- Empire Development Co. v. Title Guarantee & Trust Co.New York Court of Appeals · 1918
- Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886
- Michael v. Prussian National InsuranceNew York Court of Appeals · 1902
- People v. McGowanCalifornia Court of Appeal · 1926
27 more not listed; retrieve them via the Exa API.