Palmer v. . Great Western Ins. Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of New York, entered upon an order made at the November Term, 1886, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought on an open marine policy of insurance for the recovery of the damages alleged to have been sustained by a loss of freight.
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Appeal from a judgment of the General Term of the Superior Court of the city of New York, entered upon an order made at the November Term, 1886, which affirmed a judgment in favor of plaintiffs entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought on an open marine policy of insurance for the recovery of the damages alleged to have been sustained by a loss of freight. The policy, No. 64118, was issued by the defendant October 28, 1878, “ Upon all kinds of lawful goods and merchandise, laden or to be laden on board the good vessel or vessels as…
1Opinion of the Court
Follett, Ch. J.
Hay 5, 1879, The Brothers’ Pride sailed from Cardenas, a port on the north side of Cuba, for 27ew York, and was lost forty-eight hours after leaving port. The uncontradicted evidence is that from the hour of sailing to the hour when wrecked the weather was fine, with about a four-knot wind. She met with no accident except the cross bar to one of her pumps broke, but how, when, or whether the pump was rendered useless or whether it was repaired does not appear. The vessel filled with water, it was testified, was abandoned and afterwards burned by the order of its captain. It…
2Cases cited1 opinion
- Paine v. Maine Mutual Marine InsuranceSupreme Judicial Court of Maine · 1879
3Cited by4 opinions
- Voisin v. Commercial Mutual InsuranceNew York Supreme Court · 1893
- Voisin v. Commercial Mutual InsuranceNew York Supreme Court · 1891
- Scott v. O'HaraCourt of Appeals of Kentucky · 1912
- Voisin v. Commercial Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1901