Bidwell v. . the North Western Insurance Company
New York Court of Appeals
Appeal from the Superior Court of the city of Buffalo. Action upon a marine policy, which by its terms purported to be “upon the whole body, tackle, apparel and furniture of the good steamer Garden City,” and in which it was “agreed that the property be warranted by the assured free from all liens,” &c.
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Appeal from the Superior Court of the city of Buffalo. Action upon a marine policy, which by its terms purported to be “upon the whole body, tackle, apparel and furniture of the good steamer Garden City,” and in which it was “agreed that the property be warranted by the assured free from all liens,” &c. The plaintiff, who was a mortgagee of, the vessel, procured the insurance “on account of Brastus Crocker,” the owner, “ loss, if any, payable to Vincent Bidwell,” the plaintiff, to secure his interest as mortgagee. His object was communicated to the defendant at the time of issuing the policy,…
1Opinion of the CourtGould, J.
This case comes up on a state of facts essentially different from that of the same case as reported in 19 N. Y., 179. It is now found (from evidence amply sufficient), that the plaintiff (and his partners) themselves procured this policy of insurance from the defendants, to protect their interest as mortgagees of the vessel, or rather Crocker’s remaining interest therein, after the two prior mortgages. That at the time the insurance was applied for and made, the defendants had full I knowledge that the interest of Crocker in the vessel was thai of the owner subject to the said prior…
2Cases cited1 opinion
- Bidwell v. . Northwestern Insurance CompanyNew York Court of Appeals · 1859
3Cited by16 opinions
- Ripley v. . the &198tna Ins. Co.New York Court of Appeals · 1864
- Pitney v. . Glen's Falls Insurance Co.New York Court of Appeals · 1875
- Peoria Marine & Fire Insurance v. HallMichigan Supreme Court · 1864
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Bennett v. . BuchanNew York Court of Appeals · 1879
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