Block v. Columbian Insurance
The Superior Court of New York City
This was an action on. an open policy of insurance, with a special risk under the same notified to the defendant. At the commencement of such policy partly written and partly printed, “ H. Cohn & Co. on- account of.
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This was an action on. an open policy of insurance, with a special risk under the same notified to the defendant. At the commencement of such policy partly written and partly printed, “ H. Cohn & Co. on- account of. A. Block & Co. and consigned to H. Cohn & Co. hy regular invoice and bill of lading, in case of loss to be paid to H. Cohn & Co.” did “ make insurance and cause to be insured, lost or not lost, at and from San Francisco via Isthmus to New York, on specie, gold bars, &c. * * laden or to be laden on hoard of .the good sirs, sailing from and after July 1st, 1862.” In the margin of…
1Opinion of the Court
By the Court, Robertson, Ch. J.
The defendants claim that the expression in the policy “ consigned to H. Cohn & Co. by regular invoice and bill of lading,” demands the insertion of the names of that firm in such bill of lading as consignees, iu order thereby to cover any shipments. They contend that the object of such provision was to protect them against the risk of loss of premiums or shipments, which might arrive safely, by concealing the fact that they had been covered by such open policy ; inasmuch as under it, so construed, the assured could not avail himself of parol proof, to bring a…
2Cases cited5 opinions
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Dows v. . GreeneNew York Court of Appeals · 1862
- Burr v. . the Broadway Insurance CompanyNew York Court of Appeals · 1857
- Stoddard v. Long Island Rail RoadThe Superior Court of New York City · 1851
- Zachrisson v. AhmanThe Superior Court of New York City · 1848