Brown v. . St. Nicholas Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 2 J. & S., 237.)- This action was brought to recover the amount of a policy of marine insurance issued in December, 1863, by the defendant upon a cargo of hay laden on the canal boat George R. Hale, on a voyage from New York to the city of Washington.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of plaintiffs, entered upon a verdict. (Reported below, 2 J. & S., 237.)- This action was brought to recover the amount of a policy of marine insurance issued in December, 1863, by the defendant upon a cargo of hay laden on the canal boat George R. Hale, on a voyage from New York to the city of Washington. The policy contained a clause known as an “ ice clause,” in the following terms: “ It is understood and agreed that if any boats the cargo of which are covered by this…
1Opinion of the Court
Dwight, C.
The sole question in this case concerns the proper construction of a clause in a marine insurance policy, commonly termed an “ice clause.” The policy attached to a cargo of hay passing from New York to Washington in a canal boat under tow through the Delaware river. The voyage commenced in the winter, and the insurers, while undertaking the ordinary sea perils, provided that if the boat on which the hay was laden was “ prevented or detained by ice or the closing of navigation from terminating the trip, then in such case the policy shall cease to attach upon the cargo, and the…
2Cases cited3 opinions
- St. Luke's Home v. . Ass'n for Indigent FemalesNew York Court of Appeals · 1873
- Wood v. Lincoln & Kennebeck InsuranceMassachusetts Supreme Judicial Court · 1810
- Dole v. New England Mutual Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1864
3Cited by11 opinions
- Frontis v. Milwaukee InsuranceSupreme Court of Connecticut · 1968
- Edgerton & Sons, Inc. v. Minneapolis Fire & Marine InsuranceSupreme Court of Connecticut · 1955
- Pacific Union Club v. Commercial Union Assurance Co.California Court of Appeal · 1910
- In re Great Lakes Dredge & Dock Co.District Court, D. Massachusetts · 1917
- Aktiebolaget Malareprovinsernas Bank v. Hanover Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1925
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