Berwind v. . Greenwich Ins. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, entered upon an order made March 4, 1886, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint. This action was upon a policy of marine insurance. The material facts are stated in the opinion. ¡N"otice was proved as a matter of law, or, in any event, it became a question for the jury. (Bennett v. L. C. M. Ins.
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Appeal from judgment of the General Term of the Superior Court of the city of ¡New York, entered upon an order made March 4, 1886, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint. This action was upon a policy of marine insurance. The material facts are stated in the opinion. ¡N"otice was proved as a matter of law, or, in any event, it became a question for the jury. (Bennett v. L. C. M. Ins. Co., 67 N. Y. 274; Griffey v. N. Y. C. F. Ins. Co., 100 id. 417.) The question of seaworthiness of the vessel was for the jury. (Walsh v. W. Ins. Co., 32…
1Opinion of the CourtBrown, J.
Upon the trial of this action the complaint was
dismissed upon the grounds, first, that the proof failed to show the seaworthiness of the vessel at the time of the loss; and, second, that plaintiffs had failed to give to defendant prompt notice of the disaster. The action was upon a time policy issued by the defendant, whereby it insured the plaintiffs upon the canal boat “ Eureka ” for the term of one year from July 5, 1883. The particular perils issued against were of the “ inland lakes, rivers, canals, and fires,” excepting perils and losses arising from rottenness, inherent defects and…
2Cases cited1 opinion
- Van Wickle v. Mechanics & Traders' InsuranceNew York Court of Appeals · 1884
3Cited by17 opinions
- Cary v. . Home Insurance Co.New York Court of Appeals · 1923
- Massey Steamship Co. v. Importers & Exporters InsuranceSupreme Court of Minnesota · 1922
- Continental Insurance v. Lone Eagle Shipping Ltd.District Court, S.D. New York · 1997
- L & L Marine Service, Inc. v. The Insurance Company of North AmericaCourt of Appeals for the Eighth Circuit · 1986
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
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