Symmers v. . Carroll
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 15, 1912, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 15, 1912, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The owner had a right to take out insurance for his own benefit upon the goods, wares and merchandise shipped upon the Glen Island and intrusted to him as a common carrier, and he is not liable to the respondent for the proceeds made payable to him by the terms of the…
1Opinion of the Court
Cüddeback, J.
This action is brought by the plaintiff in his own behalf and in behalf of all others similarly situated. Prior to December 16, 1904, John H. Starin, the defendants’ testator, was the owner of a steamboat used by him in carrying merchandise and passengers from the city of New York in this state to the city of New Haven in the state of Connecticut. On the day mentioned the boat left New York bound for New Haven with a cargo of general merchandise, which included merchandise owned and shipped by the plaintiff’s assignors, with the freight charges paid, or agreed to be paid thereon.…
2Cases cited6 opinions
- Hagan v. Scottish InsuranceSupreme Court of the United States · 1902
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- Duncan v. China Mutual InsuranceNew York Court of Appeals · 1891
- Home Insurance v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In re MeekerNew York Surrogate's Court · 1929
- Transportation Equipment Rentals, Inc. v. Oregon Automobile InsuranceOregon Supreme Court · 1970
- Graysonia, Nashville & Ashdown Railroad v. Newberger Cotton Co.Supreme Court of Arkansas · 1926
- Valentine v. PowersDistrict Court, D. Nebraska · 1948
- York-Buffalo Motor Express, Inc. v. National Fire & Marine InsuranceNew York Court of Appeals · 1945
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