Petrie v. Phenix Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action to recover for the loss of a cargo of cement underwritten by defendant.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 18, 1890, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This was an action to recover for the loss of a cargo of cement underwritten by defendant. April 26, 1886, the defendant issued to Sherman Petrie an open uniform canal cargo policy, by which it undertook to “ insure the several persons whose names are hereafter indorsed hereon as owner, advancer or common carrier on goods *• * * on…
1Opinion of the Court
Follett, Ch. J.
The question which meets us at the threshold of this discussion is, was the evidence sufficient to justify the submission of the question, whether the defendant’s agents approved of the application for this insurance ? The ■authority of W. M. Onderdonk & Co. to bind the defendant by- indorsing in the book in any form their approval of the risk proposed is not denied. Six days before the entry in question the insured entered on the same book an application for insurance on the boat “ Delia McKeever ” for $2,500 on cement, FTew York harbor, which was approved by writing the word…
2Cases cited3 opinions
- Berwind v. . Greenwich Ins. Co.New York Court of Appeals · 1889
- Nelson v. . Sun Mutual Insurance CompanyNew York Court of Appeals · 1877
- Manly v. United Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1812
3Cited by4 opinions
- Allen N. Spooner & Son, Inc., Libelant-Appellant v. The Connecticut Fire Insurance Co.Court of Appeals for the Second Circuit · 1963
- Frederick Starr Contracting Company v. Aetna Insurance CompanyCourt of Appeals for the Second Circuit · 1960
- Kermani v. Insurance Co. of North AmericaAlbany City Court · 1932
- McNally v. Insurance Co. of North AmericaNew York Supreme Court · 1900