Legal Opinion

Jenks v. Hallet

New York Supreme Court

Decided May 15, 1803PublishedCited by 5 opinions

This was an action on a policy of insurance. A special verdict was, by consent, found, subject to the opinion of the court, as to the plaintiff’s right to recover, upon the facts contained. From these it appeared, that on the 27th of April, 1799, the defendants, for a premium of 25 per cent., insured for the plaintiffs against all rislcs, 1,000 dollars upon coffee, valued at 20 cents per pound, on board the sloop Nancy, from Hispaniola to St. Thomas.

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This was an action on a policy of insurance. A special verdict was, by consent, found, subject to the opinion of the court, as to the plaintiff’s right to recover, upon the facts contained. From these it appeared, that on the 27th of April, 1799, the defendants, for a premium of 25 per cent., insured for the plaintiffs against all rislcs, 1,000 dollars upon coffee, valued at 20 cents per pound, on board the sloop Nancy, from Hispaniola to St. Thomas. That in the margin of the policy was inserted, “warranted the property of the plaintiffs, all Americans,” but that the words all Americans, were…

1Opinion of the Court

*Per Curiam.

It will be observed that this is the case of a special verdict, and the court can intend nothing but what is found by the jury.[1] This remark is an answer to much of the reasoning on both si lies, *93and narrows the grounds of discussion to the following points:

1st. Whether the vessel and cargo, although literally American, according to the implied warranty in the policy had forfeited the privilege of that character, by accepting the protection of a passport from one of the belligerent nations ?

2d. Whether the purchase of the cargo in a French port was within the prohibition of the…

2Cases cited1 opinion

  1. Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826

3Cited by5 opinions

  1. Seward v. Jackson ex dem. Van WyckCourt for the Trial of Impeachments and Correction of Errors · 1826
  2. Mutual Benefit Life Insurance v. RuseSupreme Court of Georgia · 1850
  3. Vandenheuvel v. United InsuranceNew York Supreme Court · 1801
  4. Bartow v. Northern Assur. Co.South Dakota Supreme Court · 1897
  5. Williams v. WillisNew York Court of Common Pleas · 1858

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