Savage v. Corn Exchange Fire & Inland Navigation Insurance
The Superior Court of New York City
This case was brought to a hearing at the General Term, on motion by the plaintiff for judgment on the verdict had by him on the trial of the action before Chief Justice Oaklet and a jury January 26th, 1857. The action is brought upon an open policy of insurance, whereby the defendants insured the plaintiff “against any loss or damage he may sustain on cargoes, on account of himself or others, on his own boats or boats belonging to others, and running in the ‘New York and…
Read the full summary
This case was brought to a hearing at the General Term, on motion by the plaintiff for judgment on the verdict had by him on the trial of the action before Chief Justice Oaklet and a jury January 26th, 1857. The action is brought upon an open policy of insurance, whereby the defendants insured the plaintiff “against any loss or damage he may sustain on cargoes, on account of himself or others, on his own boats or boats belonging to others, and running in the ‘New York and Indiana Line,’by charter or on commission, loaded at Buffalo or at other ports or places, as may be entered hereon, for…
1Opinion of the Court
By the Court—Woodruff, J.
The defendants received the papers which were submitted to them as preliminary proofs of loss and of interest, retained them for examination three or four days, and then declined paying. No intimation was given that there was any defect in these preliminary proofs. On the contrary, the witness says the President admitted the papers as •proofs of loss, but declined paying without consultation with their counsel. It is well settled that when the assured in good faith submits his preliminary proofs with a view to set the time a running (the sixty days) after which the…
2Cases cited5 opinions
- Pacific Insurance v. CatlettCourt for the Trial of Impeachments and Correction of Errors · 1829
- Van Natta v. Mutual Security InsuranceThe Superior Court of New York City · 1849
- Peacock v. New York Life InsuranceThe Superior Court of New York City · 1857
- Child v. Sun Mutual InsuranceThe Superior Court of New York City · 1849
- Stilwell v. StaplesThe Superior Court of New York City · 1856