Legal Opinion

Duncan v. New York Mutual Insurance

The Superior Court of the City of New York and Buffalo

Decided October 15, 1891Published

Action by William B. Duncan, Jr., against the New York Mutual Insurance Company on a policy of marine insurance. Judgment for plaintiff.

1Opinion of the CourtGildersleeve, J.

The Steam-Ship Samana Company, Limited, an English corporation, was the sole owner, on the 3d day of August, 1888, of the steam-ship Samana. The total amount of the stock of said company was-$50,000, all of which was owned and held by the plaintiff, except 6 shares of $5 each, which were equally divided among and held by 6 other persons. The plaintiff was managing director, acted as agent of the company, and had entire charge of all its business. The plaintiff procured the defendant to issue its i olicy of insurance, bearing date July 31, 1888, and the portions of it material to the issues…

2Cases cited4 opinions

  1. Belknap v. . SealeyNew York Court of Appeals · 1856
  2. Baker v. Citizens' Mutual Fire InsuranceMichigan Supreme Court · 1883
  3. Martin v. . McCormickNew York Court of Appeals · 1854
  4. Duncan v. China Mutual InsuranceThe Superior Court of the City of New York and Buffalo · 1891

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