Burt v. . the Brewers and Maltsters' Ins. Co.
This text of 78 N.Y. 400 (Burt v. . the Brewers and Maltsters' Ins. Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
The judgment must be affirmed, with costs.
All concur.
Judgment affirmed.
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Cite This Page — Counsel Stack
78 N.Y. 400, 1879 N.Y. LEXIS 929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burt-v-the-brewers-and-maltsters-ins-co-ny-1879.