Howard v. Astor Mutual Insurance
The Superior Court of New York City
The action was brought on a policy of insurance, dated 14th February, 1850, for $10,000, on “passage money1'1 of the steamship New Orleans, at and from New York to San Francisco, with liberty “ to use” port or ports,, on the passage, and to touch, &c. An ordinary printed policy on freight was used.
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The action was brought on a policy of insurance, dated 14th February, 1850, for $10,000, on “passage money1'1 of the steamship New Orleans, at and from New York to San Francisco, with liberty “ to use” port or ports,, on the passage, and to touch, &c. An ordinary printed policy on freight was used. The New Orleans was one of a line of steamers called “ The Empire City Line,” established in December, 1848, between New York and San Francisco, and was fitted in New York for the passenger trade aforesaid. She was about to leave for Panama, (via Gape Horn,) there to take her place in the line, and…
1Opinion of the CourtPierrepont, J.
The policy in this case is an ordinary printed freight policy; the words “ on passage money ” are written in.
Upon well settled rules of construction, the contract must be regarded as relating to “passage money'1'1 only. (1 Arn. on Ins., 79, 80, 210; 2 Cur. U. S. R, 277, 291; 4 East R., 140.)
The policy was issued February 14th, 1850, and the steamship sailed on the 25th of the same month. The plaintiffs sold passage tickets for the voyage from Panama to San Francisco, both before and after the ship left New York. Each ticket contained the number of the berth to which the holder was entitled.
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2Cases cited5 opinions
- Conger v. Hudson River RailroadThe Superior Court of New York City · 1857
- Briggs v. VanderbiltNew York Supreme Court · 1855
- Ogden v. General Mutual InsuranceThe Superior Court of New York City · 1853
- Mayo v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1808
- Ruckman v. Merchants' Louisville InsuranceThe Superior Court of New York City · 1856
3Cited by1 opinion
- Eck v. N. V. Nederlandsch Amerikaansche Stoomvaart MaatschappijAppellate Terms of the Supreme Court of New York · 1944