Delahunt v. Ætna Insurance Co. of Hartford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 8, 1882, which affirmed a judgment in favor of plaintiffs, entered on a verdict. (Mem. of decision below, 26 Hun, 668.) This action was upon a policy of marine insurance. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made April 8, 1882, which affirmed a judgment in favor of plaintiffs, entered on a verdict. (Mem. of decision below, 26 Hun, 668.) This action was upon a policy of marine insurance. The material facts are stated in the opinion. The policy must be construed according to its terms and .the evident intent of the parties, to be gathered from the language used, and the court cannot extend the risk beyond what is fairly within the terms of the policy. (2 Pars. Cont. 357; Wood on…
1Opinion of the CourtDanforth, J.
The plaintiffs were common carriers, and the policy in question was issued to them under the name of E. Delalnmt & Co. It took effect on the 3d and 7th of November, 1873. In terms it covered the cargo of the boat “James Maloney,” during a voyage from Buffalo to New York, but contained a provision “ that if in consequence of ice or the closing of navigation, the said voyage cannot be finished the same season, the risk to end at the place, and at the time the voyage is stopped, three days being given to discharge.”
Ice formed, and the boat was frozen in three or four miles west of Schenectady…
2Cases cited2 opinions
- Eaton v. . AlgerNew York Court of Appeals · 1872
- Sherwood v. . Mercantile Mutual Insurance CompanyNew York Court of Appeals · 1876
3Cited by1 opinion
- Ganger v. Grace Coffee Shop, Inc.Appellate Division of the Supreme Court of the State of New York · 1932