McCall v. . Sun Mutual Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court of the city of Hew York, reversing a judgment in favor of plaintiff entered upon a verdict. (Eeported below, 7 J. & 6., 331.) This action was upon a policy of marine insurance. The terms of the policy and the facts appear sufficiently in the opinion. The putting into Sidney of the vessel was not such a deviation from the voyage as avoided the policy. (Pelly v. Ex. Ins. Co., 1 Burr, 341, 351; Smith’s Mer.
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Appeal from order of the General Term of the Supreme Court of the city of Hew York, reversing a judgment in favor of plaintiff entered upon a verdict. (Eeported below, 7 J. & 6., 331.) This action was upon a policy of marine insurance. The terms of the policy and the facts appear sufficiently in the opinion. The putting into Sidney of the vessel was not such a deviation from the voyage as avoided the policy. (Pelly v. Ex. Ins. Co., 1 Burr, 341, 351; Smith’s Mer. Law [1st Am. ed.], 363; Reade v. Comm. Ins. Co., 3 J. R., 358 ; Stevens v. Comm. M. Ins. Co., 26 N. Y., 403; Noble v. Kennoway, 1…
1Opinion of the CourtAndrews, J.
The policy was upon the bark Lindo, “at and from Miramiehi to a port in Cape Breton, and at and from thence to Bew York, with privilege of carrying coal exceeding her tonnage.” The insurance was effected on the 26th of Bovember, 1864, after the vessel had sailed from the port of departure, having cleared for Big Glace bay, a port in Cape Breton Island, under a charter to load with coal at that port, which, however, contained a provision that “ if, on the arrival at Big Glace bay, the captain does not consider it safe to remain and load there, he is to be at liberty to proceed elsewhere, and…
2Cases cited5 opinions
- American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
- The AmelieSupreme Court of the United States · 1868
- Butler v. . MurrayNew York Court of Appeals · 1864
- Gardner v. GorhamMichigan Supreme Court · 1844
- Hartshorne v. . the Union Mutual Ins. Co.New York Court of Appeals · 1867
3Cited by6 opinions
- Van Schoick v. . Niagara Fire Ins. Co.New York Court of Appeals · 1877
- Maher v. . Hibernia Insurance Co.New York Court of Appeals · 1876
- Riley v. BlackNew York Court of Common Pleas · 1892
- Snowden v. . GuionNew York Court of Appeals · 1886
- Yale v. DartNew York Court of Common Pleas · 1891
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