Stoney v. Union Insurance Co.
Court of Appeals of South Carolina
Thw was au action on a policy of insurance, tried before Mr* justice Huger at Charleston. Verdict for the plaintiff. Á motion was made in the appeal court to enter up a nonsuit, or for a new trial upon the following grounds: 1st. Because the voyage, iusured, being, by the policy, an original voyage, “ at and from Charleston,” and the voyage sailed on being one from Havana to Marseilles, touching st Charleston, the risk insured never attached. 2nd.
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Thw was au action on a policy of insurance, tried before Mr* justice Huger at Charleston. Verdict for the plaintiff. Á motion was made in the appeal court to enter up a nonsuit, or for a new trial upon the following grounds: 1st. Because the voyage, iusured, being, by the policy, an original voyage, “ at and from Charleston,” and the voyage sailed on being one from Havana to Marseilles, touching st Charleston, the risk insured never attached. 2nd. Because, if the policy could be extended to the Voyage sailed on, there was a concealment of the material fact, that the vessel was loaded at…
1Dissent
JYotiJ.
dissenting. — This was an action on a policy of .insurance on the ship John “at and from Charleston to Mar *390seilles, and from thence to Havanna, for this present voyage; beginning the adve ture upon the said vessel as aforesaid, and so shall continue and endure during the voyage aforesaid, &c. safe at Charleston, intended to sail in about three days, &c. dated, Charleston August, 1818.” A policy was effected the same day between the same parties on goods, (sugar and logwood,) “ at and from Charleston to Marseilles, beginning the adventure upon the said lawful goods and merchandize from…
2Cases cited3 opinions
- Kemble v. BowneNew York Supreme Court · 1803
- Bowne v. ShawNew York Supreme Court · 1803
- Smith v. HammondNew York Supreme Court · 1796