Starbuck v. Phenix Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Phenix Insurance Company of Brooklyn, N. Y., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on. the 11th day of January, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 20th day of January, 1896, denying the defendant’s motion…
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Appeal by the defendant, The Phenix Insurance Company of Brooklyn, N. Y., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on. the 11th day of January, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of New York, and also from an order entered in said clerk’s office on the 20th day of January, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
This action was upon a time policy of insurance, whereby the defendant insured the steamer Queen of the Pacific from the 9th day of August, 1887, to the 9th day of August, 1888. The language of the policy is very broad, and generally is against “ all other perils, losses and misfortunes that have or shall come to the hurt, detriment or damage of the said ship, etc., or any part thereof.” It appeared from the evidence that this steamer, being in good order and apparently properly manned and equipped, sailed on April 29, 1888, at two o’clock in the afternoon, from San Francisco for…
2Cases cited1 opinion
- Berwind v. . Greenwich Ins. Co.New York Court of Appeals · 1889
3Cited by6 opinions
- James A. McAllister & Co. v. Western Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1926
- Ryan v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- Ryan v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
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