Legal Opinion

Bulkey v. Derby Fishing Co.

Supreme Court of Connecticut

Decided June 15, 1816PublishedCited by 3 opinions

THIS was an action on a policy of insurance, effected, during the late war between the United States and Great-Britain, on the ship Charles, from New-York to St. Bartholomews, with a warranty that she should be furnished with a passport from Admiral Sawyer in the usual form. The declaration averred, that the plaintiffs had an interest in the ship to more than the amount covered by the policy ; and alleged a loss on the high seas from capture, by the enemies of our country.

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THIS was an action on a policy of insurance, effected, during the late war between the United States and Great-Britain, on the ship Charles, from New-York to St. Bartholomews, with a warranty that she should be furnished with a passport from Admiral Sawyer in the usual form. The declaration averred, that the plaintiffs had an interest in the ship to more than the amount covered by the policy ; and alleged a loss on the high seas from capture, by the enemies of our country. On the trial, the plaintiffs read in evidence the policy, which corresponded with the declaration ; a copy of the ship’s…

1Opinion of the Court

Swift, Ch, J.

It appears that two of the plaintiffs were owners of the vessel insured : and that the plaintiffs were all in a copartnership and owners of the cargo. This is a sufficient; interest in them to enable them to maintain an action on the policy.

*577In respect to Admiral Sawyer’s licence, a witness testifies that he saw on board the vessel a licence purporting to be Sawyer’s licence ; that he had seen a number of them ; and that this was in usual form. This writing need not be proved as a written instrument: it may be proved like any other matter of fact, or any other thing required to be…

2Cases cited3 opinions

  1. The Julia, Luce, MasterSupreme Court of the United States · 1814
  2. The Aurora, Pike, MasterSupreme Court of the United States · 1814
  3. The Hiram, Barker, MasterSupreme Court of the United States · 1814

3Cited by3 opinions

  1. Chicago & Alton Railroad v. GoodwinIllinois Supreme Court · 1884
  2. Denney v. WheelwrightMississippi Supreme Court · 1883
  3. Craft v. ThompsonSupreme Court of New Hampshire · 1872

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