Fernandez v. Great Western Insurance
The Superior Court of New York City
Exceptions ordered to be heard at the general term in the first instance. The facts are as follows : In March, 1863, the plaintiffs made an application in writing to the defendants, for an insurance of $7.500 upon the propellor J. F. Barnard, at and from New York to Havana, which application stated that the vessel was “in perfect order,” and, also, contained the words “ warranted to sail in a few days ; ” and, thereupon, on the 18th of March, the defendants issued a policy…
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Exceptions ordered to be heard at the general term in the first instance. The facts are as follows : In March, 1863, the plaintiffs made an application in writing to the defendants, for an insurance of $7.500 upon the propellor J. F. Barnard, at and from New York to Havana, which application stated that the vessel was “in perfect order,” and, also, contained the words “ warranted to sail in a few days ; ” and, thereupon, on the 18th of March, the defendants issued a policy to the plaintiffs, “for the benefit of whom it might concern,” in accordance with such application. The policy contained…
1Opinion of the Court
By the Gourt, Monell, J.
The principal questions raised by the exceptions in this case, are, first, whether the transfer, of the legal title to the vessel to Kane avoided the policy; and, second, whether the trial trip to Elizabethport was such a deviation from the voyage as amounted to an abandonment' of it and terminated the policy.
Having carefully examined the other exceptions taken by the defendants, I do not deem it necessary, in respect to them, to say any thing farther than that none of them, in my judgment, are well taken; >
By the policy it was agreed that it should cover only the…
2Cases cited11 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Green v. GravesMichigan Supreme Court · 1844
- Hitchcock v. . the North Western Insurance CompanyNew York Court of Appeals · 1862
- Ma. In. Co. of Alexandria v. J. and Jh TuckerSupreme Court of the United States · 1806
- Vos v. RobinsonNew York Supreme Court · 1812
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bates v. Commercial Insurance CompaniesOhio Superior Court, Cincinnati · 1872