Mathews v. . the Howard Insurance Co.
New York Court of Appeals
Appeal from a judgment of the supreme court sitting in the seventh district. The complaint was upon a policy of insurance dated May 1, 1848, by which the defendants insured one Alexander Kelsey for whom it might concern, for ten thousand dollars upon the steam propeller Ontario, valued at twenty thousand dollars, for one year from the 20th April, 1848; to run upon the lakes and the river St. Lawrence.
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Appeal from a judgment of the supreme court sitting in the seventh district. The complaint was upon a policy of insurance dated May 1, 1848, by which the defendants insured one Alexander Kelsey for whom it might concern, for ten thousand dollars upon the steam propeller Ontario, valued at twenty thousand dollars, for one year from the 20th April, 1848; to run upon the lakes and the river St. Lawrence. The perils insured against were those “ of the lakes, rivers, canals, fires, jettisons, damage to the said vessel, or any part thereof.” The plaintiffs made title to the policy by assignment…
1Concurrence
It cannot be successfully questioned that a loss arising from collision is a loss by peril of the lakes and within the terms of the policy. (Phil. on Ins. 636; Smith v. Scott, 4 Taunt, 126; Peters v. The Warren Ins. Co., 14 Peters, 99; Hale v. Wash. Ins. Co., 2 Story's R. 176.)
The insurance was upon "the body, tackle, apparel and other furniture" of the Ontario. That property was not injured by the collision, but it was subjected to a lien to the extent of the injury done to the Utica, because it appeared that the collision was caused by the carelessness and negligence of the master and crew…
2Cases cited3 opinions
- Peters v. Warren InsuranceSupreme Court of the United States · 1840
- Patapsco Insurance v. CoulterSupreme Court of the United States · 1830
- Georgia Insurance & Trust Co. v. DawsonCourt of Appeals of Maryland · 1844