St. Nicholas Insurance v. Merchants' Mutual Fire & Marine Insurance
New York Supreme Court
Appeal by defendant from a judgment recovered on trial at tbe New York Circuit, and from an order denying a motion for a new trial made upon tbe minutes of tbe court. It was conceded on the trial, and cannot be denied, that carrying or storing “ hay and straw pressed in bales,” or baled hay and straw, is an extra-hazardous business. ( Wall v. The East Rimen Ins. Go., 3 Duer, 261; 3 Seld., 3Y0; Lee v. Howard Fine Ins. Go., 3 Gray [Mass.], 583; lemmings y. Ghenungo Mut. Ins.
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Appeal by defendant from a judgment recovered on trial at tbe New York Circuit, and from an order denying a motion for a new trial made upon tbe minutes of tbe court. It was conceded on the trial, and cannot be denied, that carrying or storing “ hay and straw pressed in bales,” or baled hay and straw, is an extra-hazardous business. ( Wall v. The East Rimen Ins. Go., 3 Duer, 261; 3 Seld., 3Y0; Lee v. Howard Fine Ins. Go., 3 Gray [Mass.], 583; lemmings y. Ghenungo Mut. Ins. Co., 2 Den., Y5; Merrieh v. Provincial Ins. Co., 11 Upper Canada [Q. B. Cases], 139 ; Macomher y. Howard Fine Ins. ■ Co.,…
1Opinion of the Court
Daniels, J.:
This action was brought, and the recovery in it was had, upon a policy of reinsurance executed and delivered by the defendant to the plaintiff. The plaintiff in the first instance issued a policy of insurance upon the barge Berkshire, her tackle, etc., while used as a freight-boat on the Hudson river, bay and harbor of New York, or while lying up or stopping at any of the ports or places in such waters.
This policy was in the sum of $4,000, extending from the 16th of March, 1864, until the 16th of March, 1865. And on the 1st of March, 1865, the defendant issued its policy of…
2Cases cited6 opinions
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- Harper v. . the Albany Mutual Insurance CompanyNew York Court of Appeals · 1858
- Pindar v. . the Kings County Ins. Co.New York Court of Appeals · 1867
- Noyes v. . Hartford Fire Insurance CompanyNew York Court of Appeals · 1873
- Steinbach v. . La Fayette Fire Ins. Co.New York Court of Appeals · 1873
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