Fowler v. Atlantic Mutual Insurance
The Superior Court of New York City
Oase, heard upon exceptions, directed by the Judge at the Trial Term, to be heard in the first instance at the General Term, and the judgment in the meantime suspended. In 1857, Messrs.
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Oase, heard upon exceptions, directed by the Judge at the Trial Term, to be heard in the first instance at the General Term, and the judgment in the meantime suspended. In 1857, Messrs. Stanton & Thompson were agents of the vessel Knickerbocker, and authorized by several part owners to keep their interests in the vessel insured at a valuation of $50,000. Mr. Stanton, of the firm of Stanton & Thompson, was a part owner in the vessel to the amount of J-6. The other part owners were Eouse Babcock r6, Simon Y. Peabody x-6, Joshua Aiken and Joshua Aiken, Jr., A, John W. Fowler, (the plaintiff in…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
The testimony of the person who took out this policy, is that it “ was effected for the joint account of all concerned. That was the intention.”
On that state of facts, had there been no indorsement of the policy to Fowler by Stanton & Thompson, to whom by its terms the loss, if any, was to be paid; and had there been no transfer by the defendants of the policy to Fowler, and had the other part owners not accepted a transfer of other policies as being the policies effected to cover their interest; and had there been no appropriation of it by Stanton & Thompson, by…
2Cases cited1 opinion
- Mechanics' & Farmers' Bank v. DakinNew York Supreme Court · 1840