Legal Opinion

Nelson v. . Sun Mutual Insurance Company

New York Court of Appeals

Decided December 18, 1877PublishedCited by 17 opinions

Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendant entered upon a verdict. (Reported below, 8 J. & S., 417.) This action was upon a policy of marine insurance. Of a portion of the policy as it appeared in the record, the following is a copy:- “By the Sun Mutual Insurance Company. (Vessel No. 61,408.) Wm. Nelson, Jr., on account of whom it may concern: Loss payable to him or order.

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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendant entered upon a verdict. (Reported below, 8 J. & S., 417.) This action was upon a policy of marine insurance. Of a portion of the policy as it appeared in the record, the following is a copy:- “By the Sun Mutual Insurance Company. (Vessel No. 61,408.) Wm. Nelson, Jr., on account of whom it may concern: Loss payable to him or order. Do make insurance and cause to be insured, lost or not lost, at and from October 5, 1867, at noon, to November 5, 1867, at noon. Sum…

1Opinion of the CourtFolger, J.

This is an action upon a contract of insurance upon a ship. An inspection of the contract in the record, and our'common knowledge that contracts of insurance are almost invariably made by the use of printed forms, with such blanks as need filling written upon with further words to particularize the contract, lead us to suppose that the parties in this case made use of a common printed form for a marine policy, designed when framed and printed, for the insurance of a vessel on a voyage from one port to another. But we see that the blanks in which should appear the names of the several ports,…

2Cases cited1 opinion

  1. Walls v. . BaileyNew York Court of Appeals · 1872

3Cited by17 opinions

  1. Slocovich v. Orient Mutual InsuranceNew York Court of Appeals · 1888
  2. Hupfer v. National Distilling Co.Wisconsin Supreme Court · 1903
  3. Davidson v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
  4. Long Bros. v. J. K. Armsby Co.Missouri Court of Appeals · 1891
  5. Block v. Target Stores, Inc.Court of Appeals of Minnesota · 1990

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