Phœnix Insurance v. Parsons
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 2, 1891, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon a verdict directed by the court. This action was originally brought against the individual members of the firm of Parsons & Loud, shipping and commission merchants in New York city.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 2, 1891, which modified, and affirmed as modified, a judgment in favor of plaintiff, entered upon a verdict directed by the court. This action was originally brought against the individual members of the firm of Parsons & Loud, shipping and commission merchants in New York city. Loud having died pending the litigation, the action was continued against Parsons as survivor. Said film procured in March, 1884, for the owners of the bark “ Elliott Ritchie, ” a charter, upon…
1Opinion of the CourtGray, J.
Upon these facts, two of the questions which-‘ arise may be briefly disposed of. In the first place, I entertain no doubt concerning the effect of the clause in the so-called cargo policy, which subjects freight and advances insured thereunder “ to the terms and conditions of the freight policy-attached thereto.” The insurance of the defendants’ advances was effected .in or by the instrument called the cargo policy. It so reads and - it would be straining after construction to-import into the language of the added clause referred to a meaning that the freight policy controlled alone, as to…
2Cases cited4 opinions
- Insurance Co. v. BaringSupreme Court of the United States · 1874
- Atlantic Insurance v. Storrow & BoydNew York Court of Chancery · 1835
- First National Bank v. Fourth National BankNew York Court of Appeals · 1882
- Atlantic Insurance v. StorrowNew York Court of Chancery · 1833
3Cited by8 opinions
- Federal Insurance v. Arthur Andersen & Co.New York Court of Appeals · 1990
- The Home Ins. Co. of N.Y. v. SmithMissouri Court of Appeals · 1940
- Insurance Co. of North America v. Universal Mortgage Corp. of WisconsinWisconsin Supreme Court · 1978
- Davies v. Nationwide Mutual InsuranceNew York Supreme Court · 1979
- Hoge v. WardWest Virginia Supreme Court · 1930
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