Carr v. . Security Insurance Co.
New York Court of Appeals
Appeal from judgments of the General Term of the Supreme Court, in the fifth judicial department, entered upon orders made October 24, 1885, which affirmed judgments in favor of plaintiff, entered upon reports of a referee. Reported below, 38 Hun, 86.) These actions were brought upon policies of marine insurance issued by the defendants, respectively, upon plaintiff’s schooner Alida. The material facts are stated in the opinion.
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Appeal from judgments of the General Term of the Supreme Court, in the fifth judicial department, entered upon orders made October 24, 1885, which affirmed judgments in favor of plaintiff, entered upon reports of a referee. Reported below, 38 Hun, 86.) These actions were brought upon policies of marine insurance issued by the defendants, respectively, upon plaintiff’s schooner Alida. The material facts are stated in the opinion. The indorsement against actual total loss only,” written in the policy, controls and supersedes any printed portion of the policy, if any there be, inconsistent with…
1Opinion of the CourtAndrews, J.
The insurance on the Almeda was against. “ actual total loss only.” In the month of Hovember, 1877, the vessel was stranded at Port Glasgow, on Lake Erie. The plaintiff, owner and master of the vessel, gave immediate notice of the disaster to the agents of the underwriters at Buffalo. They sent one McKenna as their agent to Port Glasgow, who, after examining the wreck, directed the plaintiff to remove the rigging and whatever he could to the land.
The plaintiff, in his evidence, described the situation of the vessel and the efforts he made to rescue her. He said: “When the vessel struck the…
2Cases cited5 opinions
- Maggrath v. ChurchNew York Supreme Court · 1803
- Wadsworth v. Pacific InsuranceCourt for the Trial of Impeachments and Correction of Errors · 1829
- Wallerstein v. . the Columbian Insurance Co.New York Court of Appeals · 1870
- Burt v. . the Brewers and Maltsters' Ins. Co.New York Court of Appeals · 1879
- Le Roy v. GouverneurNew York Supreme Court · 1800
3Cited by9 opinions
- Washburn & Moen Manufacturing Co. v. Reliance Marine InsuranceSupreme Court of the United States · 1900
- Fireman's Fund Ins. v. Globe Nav. Co.Court of Appeals for the Ninth Circuit · 1916
- Lenfest v. ColdwellCourt of Appeals for the Second Circuit · 1975
- Boskowitz v. Continental InsuranceAppellate Division of the Supreme Court of the State of New York · 1916
- Insurance Co. of North America v. Canada, Sugar-Refining Co.Court of Appeals for the Second Circuit · 1898
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