Read & Hoppock v. Mutual Safety Insurance
The Superior Court of New York City
Assumpsit on a policy of marine insurance, by which the defendants insured the brig Joseph Atkins, for one year from October 24, 1845, valued in the policy at the sum insured, viz. $4500. The brig sailed from Hew York for Matanzas in July, 1846, struck on a reef of rocks near Cardenas, and reached Matanzas in a damaged state. On a survey regularly had, it was decided to be necessary to repair her there.
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Assumpsit on a policy of marine insurance, by which the defendants insured the brig Joseph Atkins, for one year from October 24, 1845, valued in the policy at the sum insured, viz. $4500. The brig sailed from Hew York for Matanzas in July, 1846, struck on a reef of rocks near Cardenas, and reached Matanzas in a damaged state. On a survey regularly had, it was decided to be necessary to repair her there. Repairs were accordingly made, at' an expense of $3461 53. Drake, Brothers '& Co., merchants, at Matanzas, the correspondents of the plaintiffs, paid for these repairs, and applied towards…
1Opinion of the Court
By the Court. Oakley, Ch. J.
The court have considered this case with some care, and now proceed briefly to state their views. The case was argued on one question, which was presented at that time as the only one of any materiality involved in the case, and it was fully discussed by the counsel on that point, and considered by the court. In the course of our examination, it occurred to us there was a point involved which had not been presented, and we directed the matter to be spoken to again. It was re-argued, and it now comes up for final judgment.
The case was this: It was a time policy of…
2Cited by4 opinions
- Newcomb v. BrooksWest Virginia Supreme Court · 1879
- Force v. Providence Washington Ins.District Court, S.D. New York · 1888
- O'Brien v. MillerCourt of Appeals for the Second Circuit · 1895
- Schaffner v. SchillingMissouri Court of Appeals · 1878