Burt v. . the Brewers and Maltsters' Ins. Co.

Decided October 14, 1879

New York Court of Appeals · decided 1879-10-14

(Reported below, 9 Hun, 383.) This was an action on a policy of marine insurance, underwritten by the three companies, defendants herein. The insurance was limited by a memorandum, in manuscript, written across the margin of the policy in the following words : “Against actual, total loss only.” The vessel insured became disabled and went ashore on a voyage from Harrisonville to Detroit.

Good law ✅— No negative treatment on recordhow we know

Decided 1879-10-14

How this case has been cited

Cited by 6 later decisions — most recently October 1916

3 federal appellate · 2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 This was an insurance' upon the vessel “ against actual total loss only.” After her disaster she remained a vessel, and as such reached her port of destination afloat. In such case it is too well settled to need further discussion that there is not “ an actual total loss,” and that the underwriter is not liable. The essential facts were undisputed and there was nothing, therefore, for submission to the jury. The well considered opinion of Talcott, J., at the General Term renders it needless to add more.

¶2 The judgment must be affirmed, with costs.

¶3 All concur.

¶4 Judgment affirmed.