Klauck v. Federal Insurance
New York Supreme Court
Demurrer to the sufficiency of certain portions of the plaintiff’s reply to the defendants’ answer, setting up alleged counterclaims to the plaintiff’s alleged cause of action.
1Opinion of the CourtWheeler, J.
The following essential facts appear by the pleadings in this case:
In January, 1907, two steam vessels owned by the United States Transportation Company were driven ashore and stranded by reason of a violent gale occurring at that time. The vessels were insured against such marine perils under policies of insurance issued by the defendants as underwriters.
The underwriters, as they had the right to do under their policies, undertook to release and float the stranded vessels. Proposals for doing the work were invited; and the Donnelly Salvage and Wrecking Company, Limited (plaintiff’s…
2Cases cited12 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- Garnsey v. . RogersNew York Court of Appeals · 1872
- Rector, Etc., of Trinity Church v. . HigginsNew York Court of Appeals · 1872
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