Willetts v. . the Sun Mutual Ins. Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court, in the first judicial district, directing judgment upon a verdict of a jury rendered at the New York circuit, and overruling exceptions of the defendant heard and argued by stipulation in the first instance at the General Term.
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Appeal from a judgment of the General Term of the Supreme Court, in the first judicial district, directing judgment upon a verdict of a jury rendered at the New York circuit, and overruling exceptions of the defendant heard and argued by stipulation in the first instance at the General Term. This action was brought on a policy of insurance, dated December 22, 1863, on 223 barrels of cider, shipped on board the schooner Frances Satterlee, for Washington, from New York, containing the following clauses: “ Property on deck; warranted free from claim for damage by wet, exposure, breakage or…
1Opinion of the Court
Folger. J.
It seems to be conceded on all sides that the plaintiffs could not maintain an action on the policy of insurance alone, and that their right to recover of the defendants rests upon the result of the subsequent negotiation between them and the defendants, taken as a new agreement, in addition to the contract contained in the policy.
By the verdict of the jury, it is found that those negotiations resulted in a promise by the defendants, that if the plaintiffs would go from Hew York city to Washington, find and take charge of the cider, and, after inspection, sell the same at auction to…
2Cases cited3 opinions
- L'Amoreux v. . GouldNew York Court of Appeals · 1852
- Carpenter v. . StilwellNew York Court of Appeals · 1854
- Dow v. SmithNew York Supreme Court · 1803
3Cited by41 opinions
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- Grossman v. . SchenkerNew York Court of Appeals · 1912
- Ryan v. Kellogg Partners Institutional ServicesNew York Court of Appeals · 2012
- Vines v. General Outdoor Advertising Co.Court of Appeals for the Second Circuit · 1948
- Plumb v. CampbellIllinois Supreme Court · 1888
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