Lawrence v. Van Horne & Clarkson
New York Supreme Court
This was an action on a policy of insurance, dated the 28th of April, 1797, on the cargo of the schooner Hymph, on a voyage to L’ Anceveau, in St. Domingo. The declaration was for a total loss by capture, with an averment that the assured had labored for the recovery of the cargo, and expended 4,000 dollars,- of which the defendants’ proportion was 250 dollars, a sum equal to that of their subscription, which was for 250 dollars only.
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This was an action on a policy of insurance, dated the 28th of April, 1797, on the cargo of the schooner Hymph, on a voyage to L’ Anceveau, in St. Domingo. The declaration was for a total loss by capture, with an averment that the assured had labored for the recovery of the cargo, and expended 4,000 dollars,- of which the defendants’ proportion was 250 dollars, a sum equal to that of their subscription, which was for 250 dollars only. The invoice of the cargo, including the premium of insurance, amounted to 12,061 dollars; the plaintiffs’ interest a third; but this circumstance was not…
1Opinion of the CourtRadcliff, J.
Several questions have been made, which may be considered in the following order:
1. Whether the insurance, which was general, can apply exclusively to the interest of the plaintiffs, that being an undivided third part of the cargo ?(a)
2. Whether the defendants are at all liable for the expenses which accrued subsequent to the acquittal, and in prosecuting the appeal for damages?
3. Whether the defendants were not entitled to inspect the letter called for by them, and to elect whether it should be read in evidence ?
4. Whether the expenses in prosecuting the appeal at Cuba were reasonable, and…
2Cited by10 opinions
- Riggs v. Commercial Mutual InsuranceNew York Court of Appeals · 1890
- Smith v. . RentzNew York Court of Appeals · 1892
- Tyler v. Ætna Fire InsuranceNew York Supreme Court · 1834
- Lessee of Snyder v. SnyderSupreme Court of Pennsylvania · 1814
- Harvey v. . CherryNew York Court of Appeals · 1879
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