Allen v. . St. Louis Insurance Co.
New York Court of Appeals
Appear from judgment of, the General Term of the Superior Court of the city of Hew York, entered upon an order made April 5, 1880, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury, and affirmed an order denying a motion for a new trial. This action was upon a policy of insurance. Its material provisions and the pertinent facts are set forth in the opinion.
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Appear from judgment of, the General Term of the Superior Court of the city of Hew York, entered upon an order made April 5, 1880, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury, and affirmed an order denying a motion for a new trial. This action was upon a policy of insurance. Its material provisions and the pertinent facts are set forth in the opinion. The policy of insurance does-not covér the property injured, it being on deck, and the policy being on an “ in-bound ” cargo. (Lennox v. The U. S. Ins. Co., 3 Johns. Cas. 178; 2…
1Opinion of the CourtAndrews, J.
The insurance was effected by indorsement upon an open policy of insurance, designated “ Uniform Canal Cargo Policy,” made by the defendant’s agents, who issued the policy. The property insured, was paper in packages, and the risk, was of loss during the transportation of the paper from Troy, If. Y., to Philadelphia, on the canal boat “ W. S. Alden.” There not being room for all the paper under deck, a part of it was laden on deck, and covered with a tarpaulin, fastened down by ropes. The boat reached New York in the course of the voyage, and was moored in a slip and secured to the pier. A…
2Cases cited2 opinions
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Shearman v. . the Niagara Fire Ins. Co.New York Court of Appeals · 1871
3Cited by22 opinions
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Utter v. Travelers' InsuranceMichigan Supreme Court · 1887
- The SarniaCourt of Appeals for the Second Circuit · 1921
- Janneck v. Metropolitan Life InsuranceNew York Court of Appeals · 1900
- Rickerson v. . Hartford Fire Ins. Co.New York Court of Appeals · 1896
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