Devens v. Mechanics & Traders' Insurance
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 28,1879, modifying and affirming as modified a judgment in favor of plaintiff, entered upon a verdict. This action was upon two policies of insurance issued to plaintiff upon two canal boats, one named “ James D. Decker,” the other “ Maggie,” insuring among other things against loss by fire.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made November 28,1879, modifying and affirming as modified a judgment in favor of plaintiff, entered upon a verdict. This action was upon two policies of insurance issued to plaintiff upon two canal boats, one named “ James D. Decker,” the other “ Maggie,” insuring among other things against loss by fire. The only questions upon this appeal were as to the policy upon the “James D. Decker.” The facts pertinent thereto appear in the opinion. Mo notice of the laying up of the…
1Opinion of the CourtAndrews, J.
The policy on the “ Decker ” contained the following warranty: “ Also warranted to be securely moored in a safe place, satisfactory to this company, between noon of the 10th day of December and noon of the 1st of April following, and the company to be duly notified of the time and place of laying up,” and following this printed clause was a clause in writing: “ Privilege to lighter in Hew York harbor during the winter.” The “ Decker ” was not used for lightering during the winter, but was laid up at Port Johnson, about twenty miles from Hew York, from the 25th day of December, 1877, to the…
2Cases cited2 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Mellen v. . the Hamilton Fire Insurance CompanyNew York Court of Appeals · 1858
3Cited by27 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Sheehan v. Commercial Travelers Mutual Accident Ass'n of AmericaMassachusetts Supreme Judicial Court · 1933
- Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
- Ennis v. Retail Merchants Ass'n Mutual Fire InsuranceNorth Dakota Supreme Court · 1916
- Equitable Life Assur. Soc. of the United States v. WinningCourt of Appeals for the Eighth Circuit · 1893
22 more not listed; retrieve them via the Exa API.