Devitt v. . Providence Washington Ins. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court" in the second judicial department, entered June 8, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s suit is obviously and plainly a claim for damages for injury to his cargo. (2 Pars, on Mar. Ins. 378; Wadsworth v. P. Ins.
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Appeal from a judgment of the Appellate Division of the Supreme Court" in the second judicial department, entered June 8, 1901, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s suit is obviously and plainly a claim for damages for injury to his cargo. (2 Pars, on Mar. Ins. 378; Wadsworth v. P. Ins. Co., 4 Wend. 35; Ins. Co. v. Bland, 9 Dana, 147; Burt v. B. & M. Ins. Co.., 9 Hun, 383; Brooke v. Ins. Co., 5 Mart. [N. S.] 546.)…
1Opinion of the CourtCullen, J.
The action is brought on a policy of marine insurance effected on a cargo of apples, potatoes and other vegetables shipped on a canal boat. The boat was sunk by an obstruction in the Erie canal. Part of the cargo was recovered, though in a damaged condition, and reshipped to the plaintiff. This portion was sold. The amount realized on the sale was but slightly in excess of the handling and selling charges and was less than the sums expended by the defendant in raising and shipping the cargo, not including therein the expenses of the sale. The trial court found that there was a constructive…
2Cases cited7 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- London Assurance v. Companhia De Moagens Do BarreiroSupreme Court of the United States · 1897
- Washburn & Moen Manufacturing Co. v. Reliance Marine InsuranceSupreme Court of the United States · 1900
- Insurance Co. v. FogartySupreme Court of the United States · 1874
- Chadsey v. . GuionNew York Court of Appeals · 1884
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3Cited by2 opinions
- Grauer v. Equitable Life Assurance Society of United StatesNew York Supreme Court · 1938
- Preston v. Ætna InsuranceAppellate Division of the Supreme Court of the State of New York · 1907