Citations
- 45 A.D. 564
Full opinion text
O’Brien, J.:
The defendaht assails the validity of the judgment on this appeal, contending that the plaintiff failed to make out a cause of action; and this contention necessarily requires a review of the facts as well -as the law.
The plaintiff seeks to recover from the defendant the sum of $2,000, with interest, upon a policy of reinsurance issued to the plaintiff by the company of which the defendant is the receiver. It is in substance alleged in the complaint that in 1880 the plaintiff issued its policy of marine insurance fo one Charles S. Dilkes in the sum of $38,222 against perils of the sea, upon a cargo of steel rails to be shipped from Philadelphia to Charleston, S. C., by the schooner Mattie A. Hand, loss if any payable to thg^eonsignee, the Cheraw and Salisbury Railroad Company; that ffhe dtef^gffant company reinsured the plaintiff against any loss which ikffligh't si^stap by reason of its policy to Dilkes;-; that the schboner, with hei cargo, sailed from the port of Philadelphia, and while proceeding dipon heif voyage was: damaged by perils of the sea; thabmpon her arrival at tl#e port of| destination, the ...consignee oUthe c^fgo' in orc^er to obtain possession of the sagie, gave its general averagfecjFmd, . ing to pay its share of fire expense^ yriúch had-been. or'mighrbe incurred for the general 'benefit;" that in 18^ ¿he