Duncan v. China Mutual Insurance
New York Court of Appeals
Appeal from judgment of the Superior Court of the city of New York, entered upon an order made May 4, 1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought upon a policy of marine insurance. The facts, so far as material, are stated in the opinion. The motion to dismiss the complaint should have been granted.
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Appeal from judgment of the Superior Court of the city of New York, entered upon an order made May 4, 1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought upon a policy of marine insurance. The facts, so far as material, are stated in the opinion. The motion to dismiss the complaint should have been granted. (Phillips on Ins. § 383; Hooper v. Robinson, 98 U. S. 528; Crosby v. N. Y. M. Ins. Co., 5 Bosw. 369 ; P. Ins. Co. v. Catlett, 4 Wend. 75; Humphreys v. McKissock, 140 U. S. 304; Mallory…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered, as for a total loss, upon a policy of insurance issued by the defendant upon the steamship Samana for $5,000. At the time the insurance was effected the vessel was owned by the Steamship Samana Company, Limited, a corporation organized under the laws of Great Britain. The policy was to be in force from the 3d day of August, 1888, to the 3d day of August, 1889, at noon. The Samana sailed from 27ew York 27ovember 22,1888, bound for a port in the West Indies, and has never since been heard from. At the trial the jury found upon sufficient evidence that the steamer was…
2Cases cited6 opinions
- Hooper v. RobinsonSupreme Court of the United States · 1879
- Waring v. . the Indemnity Fire Ins. Co.New York Court of Appeals · 1871
- Cone v. . Niagara Fire Insurance CompanyNew York Court of Appeals · 1875
- Rogers v. Trader's InsuranceNew York Court of Chancery · 1837
- Sullivan v. New York & Rosendale Cement Co.New York Court of Appeals · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Symmers v. . CarrollNew York Court of Appeals · 1913
- Duncan v. New York Mutual InsuranceNew York Court of Appeals · 1893
- York-Buffalo Motor Express, Inc. v. National Fire & Marine InsuranceNew York Court of Appeals · 1945
- Howell v. Globe & Rutgers Fire InsuranceNew York Supreme Court · 1928
7 more not listed; retrieve them via the Exa API.