Reck v. Phenix Insurance
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department made November 7,1889, which set aside a verdict in favor of the plaintiff directed by the trial court, and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The appeal to the General Term in this case rested only on questions of law, and no disputed question of fact was, or could properly be, considered by that court.
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Appeal from order of the General Term of the Supreme Court in the first judicial department made November 7,1889, which set aside a verdict in favor of the plaintiff directed by the trial court, and ordered a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The appeal to the General Term in this case rested only on questions of law, and no disputed question of fact was, or could properly be, considered by that court. (Provost v. McEncore, 102 N. Y. 650; Colligan v. Scott, 58 id. 671; Winslow v. Hicks, 18 id. 558; Kirtz v. Peck, 113 id. 222.)…
1Opinion of the CourtBrown, J.
This action was upon a policy of marine insurance issued hy the defendant to Buger Brothers for account of whom it may concern, and which insured the ship “ Elise Buger” against the perils of the sea for one year from December 29,1865.
The ship at the date of the policy was owned by Theodore Buger, and the insurance was effected for the benefit of the plaintiff, a creditor of said Theodore and a mortgagee of the vessel.
The policy, among other things, contained the following warranties: “ Warranted not to load more than her registered tonnage with lead, marble, coal or'iron, on any one passage.”
2Cited by3 opinions
- National Wall Paper Co. v. Associated Manufacturers' Mutual Fire InsuranceNew York Court of Appeals · 1903
- Kinnear v. PowellThe Superior Court of the City of New York and Buffalo · 1893
- Kinnear v. PowellThe Superior Court of New York City · 1893