Vandervoort v. Smith
New York Supreme Court
Assumpsit on a policy of insurance, at a premium of 27 1-2 per cent, on tbe cargo of tbe schooner Pour sisters, “ at and from New York to two ports on the coast of Brazil."' The printed warranty respecting illicit trade was obliterated, but at tbe foot of tbe instrument the following clause was written: “ It is warranted, that the said vessel shall have •no contraband goods on board, tbat tbe assurers take all risks of seizure, for, or on account of, any illicit or prohi-ted…
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Assumpsit on a policy of insurance, at a premium of 27 1-2 per cent, on tbe cargo of tbe schooner Pour sisters, “ at and from New York to two ports on the coast of Brazil."' The printed warranty respecting illicit trade was obliterated, but at tbe foot of tbe instrument the following clause was written: “ It is warranted, that the said vessel shall have •no contraband goods on board, tbat tbe assurers take all risks of seizure, for, or on account of, any illicit or prohi-ted trade, except risk of seizure in port, for or on account of, any illicit or prohibited trade.” The plaintiffs claimed a…
1Opinion of the CourtThompson, J.
The great and important questions arising out of this Case are, whether the paper writing produced in evidence ought to be considered as a representation or not, or was admissible *160to explain the intention of the parties (a) I have entertained very considerable doubts on the subject; and considering the importance of the case, as it respects the amount of property involved, and the very able and elaborate manner in which it was argued on both sides, it is with considerable diffidence that-I pronounce, the opinion, which, after much reflection and examination, I have formed, and in which the…
2Cited by22 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Rowley v. . the Empire Insurance Co.New York Court of Appeals · 1867
- Jennings v. Chenango Mutual InsuranceNew York Supreme Court · 1846
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Liverpool, London & Globe Insurance v. T. M. Richardson Lumber Co.Supreme Court of Oklahoma · 1902
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