Hills v. Rhenish Westfalian Lloyd Transport Insurance
New York Supreme Court
Appeal from an interlocutory judgment overruling the defendant’s demurrer to the complaint. The only objection to the complaint specified in the demurrer is that it does not state facts sufficient to constitute a cause of action.
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Appeal from an interlocutory judgment overruling the defendant’s demurrer to the complaint. The only objection to the complaint specified in the demurrer is that it does not state facts sufficient to constitute a cause of action. The complaint stated, in substance, that at the times therein mentioned the plaintiffs were partners in business in the city of New "York under the firm name of Hills Brothers, and that the defendant was a foreign corporation doing business in the same city under the name given above, and also under the name of the Rhenish Westfaliau Lloyd Marine and Inland…
1Opinion of the Court
Brady, J.:
The policy on which this action was brought is an open one, and the question presented arises upon the written clauses. The defendant contended that the words “ including all risks of lighterage ” taken in connection with the clause that “ dried fruits and other merchandise by steamer to be insured free from particular average unless the vessel be stranded, sunk, burned or in collision,” make the insurance secured one on fifty casks of prunes per steamship Wieland from Hamburg to New York, including lighter-age risk, warranted free from particular average unless the vessel be…
2Cases cited6 opinions
- Herrman v. . Merchants' Insurance Co.New York Court of Appeals · 1880
- Morean v. United States InsuranceSupreme Court of the United States · 1816
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
- Chadsey v. . GuionNew York Court of Appeals · 1884
- Goix v. KnoxNew York Supreme Court · 1800
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