Legal Opinion

Fernandez v. Great Western Insurance

New York Court of Appeals

Decided May 5, 1872PublishedCited by 7 opinions

Appeals from judgments of the General Term of the Superior Court of the city of Mew York, entered upon orders denying motions for new trial and directing judgment upon verdicts in favor of plaintiff. The actions were brought to recover the amount insured on the propeller J. F. Barnard, afterward called the Morro, under two several policies issued by the defendants respectively.

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Appeals from judgments of the General Term of the Superior Court of the city of Mew York, entered upon orders denying motions for new trial and directing judgment upon verdicts in favor of plaintiff. The actions were brought to recover the amount insured on the propeller J. F. Barnard, afterward called the Morro, under two several policies issued by the defendants respectively. The policy of the Great Western Insurance Company was dated on the eighteenth day of March, 1863, and that of the Mew York Mutual Insurance Company on the next day thereafter. They were severally issued to “A. E.…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Assuming that the policies on the vessel insured continued in force till the sixth day of April after their respective dates, her trial trip to Elizabethport on that day avoided them and discharged the defendants from liability for any subsequent loss. The vessel was insured "at and from New York to Havana." This insurance imposed a liability on the defendants from the time it was effected, and was to continue till the arrival of the vessel at Havana, allowing…

2Cited by7 opinions

  1. Smith v. Northwestern Fire & Marine InsuranceNew York Court of Appeals · 1927
  2. Thebaud v. . Great Western Ins. Co.New York Court of Appeals · 1898
  3. Burgess v. Equitable Marine InsuranceMassachusetts Supreme Judicial Court · 1878
  4. Moore v. Phœnix InsuranceSupreme Court of New Hampshire · 1882
  5. Ryan v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1903

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