Moses v. Sun Mutual Insurance
The Superior Court of New York City
Appeal from a judgment at special term, dismissing the complaint—heard upon a bill of exceptions. The action was on a valued policy of insurance upon goods on board the ship Mason, on a voyage from Philadelphia to San Francisco, and that the application of the evidence, the points raised, and the opinion of the court maybe properly understood, it is deemed proper to state the complaint m extenso.
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Appeal from a judgment at special term, dismissing the complaint—heard upon a bill of exceptions. The action was on a valued policy of insurance upon goods on board the ship Mason, on a voyage from Philadelphia to San Francisco, and that the application of the evidence, the points raised, and the opinion of the court maybe properly understood, it is deemed proper to state the complaint m extenso. It is as follows: The complaint of the plaintiffs shows that, on the‘twentieth ' day of February, one thousand eight hundred and forty-nine, the above named Joseph Flemming, now deceased, was a…
1Opinion of the CourtBy the Court. Duer, J.
This is a very plain case. If we follow the established, and hitherto undoubted, construction of the policy, we are bound to say that it covers none of the losses for which an indemnity is now claimed, and that the learned judge who tried the cause would have committed a grave error had he refused to nonsuit the plaintiffs.
That the losses claimed cannot be referred to any of the particular risks which the policy enumerates is exceedingly clear, for the supposition, that they may be imputed to the barratry of the master and crew, we reject, as manifestly groundless. There is not the slightest…
2Cases cited6 opinions
- The Brig Short Staple & Cargo v. United StatesSupreme Court of the United States · 1815
- American Insurance v. Ogden & McCombNew York Supreme Court · 1838
- Potter v. Suffolk Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1835
- Robinson v. JonesMassachusetts Supreme Judicial Court · 1812
- Fontaine v. Phœnix InsuranceNew York Supreme Court · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- The TitaniaDistrict Court, S.D. New York · 1883
- Borgemeister v. Union Insurance Society of Canton, Ltd.City of New York Municipal Court · 1926
- Brandyce v. United States Lloyds, Inc.Appellate Division of the Supreme Court of the State of New York · 1924
- Hathaway v. Sun Mutual InsuranceThe Superior Court of New York City · 1861
- Van Valkenburgh v. Astor Mutual InsuranceThe Superior Court of New York City · 1857
4 more not listed; retrieve them via the Exa API.