Starbuck v. Phenix Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Matilda E. Starbuck and others, as executors of William H. Starbuck, deceased, against the Phenix Insurance Company of Brooklyn, N. Y. From a judgment in favor of plaintiffs, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtBarrett, J.
This case has been tried four times, and has been before us three times. 10 App. Div. 198, 41 N. Y. Supp. 901; 19 App. Div. 139, 45 N. Y. Supp. 995; 34 App. Div. 293, 54 N. Y. Supp. 293. The facts disclosed upon the fourth trial now under review are substantially the same as they were upon the three former trials, and they are sufficiently stated in the reports of the previous appeals. The additional evidence adduced upon the last trial does not materially affect the questions of law now presented. The practical question upon the present appeal is whether the insured vessel was seaworthy at…
2Cases cited4 opinions
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- Starbuck v. Phenix InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Land v. Franklin Nat. Ins. Co. of NYSupreme Court of South Carolina · 1954