Ryan v. Providence Washington Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Providence Washington Insurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 17th day of April, 1902, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 5th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Providence Washington Insurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Erie on the 17th day of April, 1902, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 5th day of May, 1902, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 19th day of July, 1899, to recover upon a policy of insurance issued by the defendant, insuring a steam canal boat against…
1Opinion of the Court
McLennan, J.:
On the 7th day of September, 1898, the defendant issued a policy of insurance dated that day, by which it insured the steam canal boat Gowanda, which was owned by one Lewis, against the perils . of “ the Harbors, Bays, Sounds, Canals, Rivers and Fires,” from noon on the 27th day of September, 1898, until noon of the 27th day of September, 1899, in the sum of $3,500. Loss, if any, payable tó the plaintiffs. Among the conditions contained in the policy was the following: “ Also warranted to be securely moored in a safe place satisfactory to this Company (the defendant), between…
2Cases cited9 opinions
- Frear v. . SweetNew York Court of Appeals · 1890
- Farmers' Loan & Trust Co. v. Housatonic RailroadNew York Court of Appeals · 1897
- Berwind v. . Greenwich Ins. Co.New York Court of Appeals · 1889
- Elmer v. Mutual Benefit Life Ass'n of AmericaNew York Supreme Court · 1892
- Snyder v. . Atlantic Mutual Ins. Co.New York Court of Appeals · 1884
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3Cited by2 opinions
- Whealton Packing Co. v. Ætna Ins.Court of Appeals for the Fourth Circuit · 1911
- O'Connor Transportation Co. v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1921