Snow v. . Columbian Insurance Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial district, setting aside a verdict in favor of the plaintiff and directing a new trial. The action-is upon a policy of marine insurance.
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Appeal from order of the General Term of the Supreme Court in the first judicial district, setting aside a verdict in favor of the plaintiff and directing a new trial. The action-is upon a policy of marine insurance. Plaintiffs were copartners under the firm name of Snow & Burgess On the 9th day of September, 1864, in consideration of the premium of $660, the defendant made and delivered to the plaintiffs its policy of insurance, by which the defendant insured the plaintiffs for $6,000 upon the schooner Caspian, then owned by the plaintiffs and lying in the port of Boston, Massachusetts, from…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Warranties must be strictly and perfectly complied with. (Phil. Ins., § 762.) It is not enough that they be substantially complied with. (Id.) The compliance must be full and complete, through not necessarily literal. (Id., § 762, 766.) Mr. Justice KENT said, in Kemble v. Rhinelander (3 John. Cas., 130), that "a warranty must be literally complied with, but this strict compliance ought to operate in favor of as well as against the assured whenever he can bring…
2Cases cited1 opinion
- Stevens v. . the Commercial Mutual Insurance CompanyNew York Court of Appeals · 1863
3Cited by6 opinions
- Slinkard v. Manchester Fire Assurance Co.California Supreme Court · 1898
- Ryan v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- New Haven Steam Saw-Mill Co. v. Security Ins.District Court, D. Connecticut · 1881
- New Haven Steam Saw-Mill Co. v. Security Ins.U.S. Circuit Court for the District of Connecticut · 1881
- Thames & Mersey Marine Ins. v. O'ConnellCourt of Appeals for the Ninth Circuit · 1898
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