Weltin v. Union Marine Insurance
New York Supreme Court
Appeal from special term, New York county. Action by Edwin Weltin 'against the Union Marine Insurance Company, Limited, to recover on a contract of marine insurance made by defendant with one Staenglen, to cover the latter's interest in a cargo of cotton to be shipped from Galveston, Tex., to Cronstadt, Russia. A portion of the cargo was damaged by fire and water at Cronstadt. The interest of the assured was assigned to plaintiff.
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Appeal from special term, New York county. Action by Edwin Weltin 'against the Union Marine Insurance Company, Limited, to recover on a contract of marine insurance made by defendant with one Staenglen, to cover the latter's interest in a cargo of cotton to be shipped from Galveston, Tex., to Cronstadt, Russia. A portion of the cargo was damaged by fire and water at Cronstadt. The interest of the assured was assigned to plaintiff. The complaint alleges only that the defendant carries on the business of a marine insurer; that it “issued a certificate of insurance numbered 10,802, which…
1Opinion of the CourtO’Brien, J.
The objections to be found with the complaint are that it is nowhere stated therein what risks were insured against, nor whether the policy of insurance represented by the certificates was a true policy or a voyage policy. What is required in a pleading is a brief statement of facts showing a causa of action. These, though imperfectly, informally, or argumentatively averred, or though the pleading be indefinite or uncertain, do not render the pleading obnoxious to demurrer. Where, however, as here, a suit is brought to recover on a policy of insurance or certificates covered thereby, it is…
2Cited by1 opinion
- Knutzen v. National Live Stock InsuranceSupreme Court of Minnesota · 1909