Taylor v. Atlantic Mut. Ins.
The Superior Court of New York City
This action comes before the Court at General Term, on an appeal by the plaintiffs, from an order made by Mr. Justice Hoffman, on the 8th of January, 1857, sustaining a demurrer interposed by the Atlantic Mutual Insurance Company, to their complaint, and directing judgment to be entered in favor of the defendants so demurring, with liberty to the plaintiffs to amend their complaint, within twenty days after notice of such order.
Read the full summary
This action comes before the Court at General Term, on an appeal by the plaintiffs, from an order made by Mr. Justice Hoffman, on the 8th of January, 1857, sustaining a demurrer interposed by the Atlantic Mutual Insurance Company, to their complaint, and directing judgment to be entered in favor of the defendants so demurring, with liberty to the plaintiffs to amend their complaint, within twenty days after notice of such order. Moses Taylor and others are plaintiffs, and The Atlantic Mutual Insurance Company, and six other insurance companies, which are named in the body of the complaint,…
1Opinion of the Court
By the Court. Bosworth, J.—The
complaint does not allege that the wreck of the sunken vessel can be removed. It states, that various efforts have been made to raise it, and that some of the hulks, machinery and fixtures, employed in the efforts made to raise it, have also been sunk, in the slip, while so employed. It is not alleged that the hulks, machinery and fixtures were sunk by reason of any negligence or want of skill, in the persons employed, nor that they were not appropriate instrumentalities for the removal of the wreck.
In White v. Crisp, (26 Eng. Law & Eq. R. 532,) the Court con- " *111s…
2Cited by7 opinions
- Taylor v. . Atlantic Mutual Insurance Co.New York Court of Appeals · 1867
- Petty v. EmeryAppellate Division of the Supreme Court of the State of New York · 1904
- Sbarboro v. Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1898
- Sbarboro v. Health DepartmentAppellate Division of the Supreme Court of the State of New York · 1898
- Taylor v. Atlantic Mutual InsuranceThe Superior Court of New York City · 1862
2 more not listed; retrieve them via the Exa API.