Dow v. Whetten
Court for the Trial of Impeachments and Correction of Errors
Ejrkoe from the supreme court. This was an action on a policy of insurance upon merchandize shipped at New-York for Batavia, and other ports in the island of Java, upon the goods out and upon the proceeds thereof home. The goods insured were stated in the policy to be valued at the sum insured, viz. $4000 out, and the policy to be open on the proceeds home.
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Ejrkoe from the supreme court. This was an action on a policy of insurance upon merchandize shipped at New-York for Batavia, and other ports in the island of Java, upon the goods out and upon the proceeds thereof home. The goods insured were stated in the policy to be valued at the sum insured, viz. $4000 out, and the policy to be open on the proceeds home. The goods consisted of cashmere shawls, artificial flowers, &c. &c., and by the bill of lading were to be sold at Batavia, and the proceeds returned in the same ship in which the goods were sent out. The goods arrived in safety at Batavia,…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor.
The memorandum or slip offered in evidence by the plaintiff for the purpose of showing the intention of the parties to the policy was properly rejected. The policy itself is the only legal evidence of the agreement between the parties. If that is not in fact filled up according to the intention of the parties, through inadvertence or mistake, a court of equity may, upon clear and positive evidence of such inadvertence or mistake, correct the policy. In such a case the slip may be used in the court of equity, in connection with the…
2Cases cited2 opinions
- Higginson v. DallMassachusetts Supreme Judicial Court · 1816
- Haven v. GrayMassachusetts Supreme Judicial Court · 1815
3Cited by11 opinions
- Fardal v. SatreSupreme Court of Iowa · 1925
- Hunt v. WilliamsIndiana Supreme Court · 1891
- Snare & Triest Co. v. St. Paul Fire & Marine Ins. Co.Court of Appeals for the Second Circuit · 1919
- Brown v. BrooksSupreme Court of Pennsylvania · 1855
- Appeal of HogsettSuperior Court of Pennsylvania · 1896
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