Suckley v. Delafield
New York Supreme Court
ON a policy of infurance, upon the body of the ihip Ann, effected on the following reprefentation. “ The Ann will fail “ from hence in a few days, for the Weft Indies, in ballaft/* The claufe, relating to contraband, was ftricken out, but" that concerning illicit trade, was retained. In the firft count of the declaration, the lofs was alleged to have taken place by feizure, by the French government, in St. Domingo.
Read the full summary
ON a policy of infurance, upon the body of the ihip Ann, effected on the following reprefentation. “ The Ann will fail “ from hence in a few days, for the Weft Indies, in ballaft/* The claufe, relating to contraband, was ftricken out, but" that concerning illicit trade, was retained. In the firft count of the declaration, the lofs was alleged to have taken place by feizure, by the French government, in St. Domingo. Ia the fecond, it was ftated to have arifen from the barratry of the matter. The circumftances, as they appeared at the trial, were thefe. The veilel had neither invoice nor…
1Opinion of the Court
Kent C. J.
We are of opinion the reprefentation of failing in ballaft, was merely Hating the veffel would not be ex-pofed to the fea perils attending a loaded ihip. It was made in a time of profound peace, and in the prefent inftance, was fubftantially performed. We have no doubt on the condufl of the mailer. It was certainly barratry, and the plaintiff muft have judgment.
2Cited by7 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Dole v. New England Mutual Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1864
- Vandenheuvel v. United InsuranceNew York Supreme Court · 1801
- American Insurance v. DunhamNew York Supreme Court · 1834
- American Insurance v. Dunham & WadsworthCourt for the Trial of Impeachments and Correction of Errors · 1835
2 more not listed; retrieve them via the Exa API.