Legal Opinion

Burrows v. Turner

New York Supreme Court

Decided July 15, 1840PublishedCited by 9 opinions

Error from the superior court, of the city of Hew-York. Turner sued Burrows, to recover his proportion of moneys received by the latter, on a policy of insurance of^ a brig, called the Burrows, of which the plaintiff owned one sixth, and the defendant the residue.

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Error from the superior court, of the city of Hew-York. Turner sued Burrows, to recover his proportion of moneys received by the latter, on a policy of insurance of^ a brig, called the Burrows, of which the plaintiff owned one sixth, and the defendant the residue. The negotiation for the purchase was conducted by Charles Turner, a son of the plaintiff, John Turner, from the tenth to the fifteenth of January, 1827. The object of the purchase was to procure employment for Charles, as master of the [ *277 ] vessel. The vessel *was valued at $8000, but in consequence of advances made to the crew,…

1Opinion of the Court

By the Court,

Cowen, J.

The jury found that the defendant agreed with the plaintiff to insure the plaintiff’s interest in one-sixth of the brig, and afterwards informed him that he had done so. The defendant owned five-sixths, and did the business by insuring the whole in his own name; and, on a total loss happening, he exhibited the preliminary proofs and obtained the whole valuation in his own name, and withholds from the plaintiff his share. There can be no doubt that, under such circumstances, the defendant was liable in this action for money had and received for the plaintiff’s use.

It is…

2Cases cited3 opinions

  1. Fish v. Hubbard's AdministratorsNew York Supreme Court · 1839
  2. Turner v. BurrowsNew York Supreme Court · 1830
  3. Turner v. BurrowsCourt for the Trial of Impeachments and Correction of Errors · 1831

3Cited by9 opinions

  1. State v. Sureties of KrohneWyoming Supreme Court · 1893
  2. Hunt v. United StatesCourt of Appeals for the Eighth Circuit · 1894
  3. United States v. EldredgeUtah Supreme Court · 1887
  4. Matoon v. EderCalifornia Supreme Court · 1856
  5. Gregory & Foot v. Levy & SedgwickNew York Supreme Court · 1852

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