Bird v. St. Paul Fire & Marine Insurance
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 7, 1917, in favor of plaintiff upon the submission of a controversy under section 1279 of the. Code of Civil Procedure. „ The nature of the controversy and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtCardozo, J.
On September 12, 1915, the defendant, a fire and marine insurance company, issued to the plaintiff its policy of insurance covering the body, tackle, apparel and other furniture of the canal boat, the Henry Bird, Jr. “ Touching the Adventures and perils which the said Company are content to bear and take upon themselves by this Policy, they are of the Sounds, Harbors, Bays, Rivers, Canals and Fires, - that shall come to the damage of the said boat, or any part thereof.” There was no express exception of damage from explosion.
On the night of July 30, 1916, a fire broke out from some unknown…
2Cases cited22 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Insurance Co. v. TweedSupreme Court of the United States · 1869
- Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
- Atchison, Topeka, & Santa Fe Railway Co. v. CalhounSupreme Court of the United States · 1909
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3Cited by212 opinions
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- Wagner v. International Railway Co.New York Court of Appeals · 1921
- Silverstein v. Metropolitan Life InsuranceNew York Court of Appeals · 1930
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