Kenny v. Clarkson & Van Horne
New York Supreme Court
THIS was an action on a policy of insurance on the Bri- . . tish sloop Betsy, the plaintiff, master, on a voyage at and from Charleston, S. C. to Jamaica, valued at 02000, at a premium of seven per cent. The cause was tried at the New-Tork Sittings, the 11 ih of April, 1805, before Mr. Justice Thompson, when the jury found a verdict for the plaintiff for a total loss. On a motion for anew trial, the' following facts appeared in the case.
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THIS was an action on a policy of insurance on the Bri- . . tish sloop Betsy, the plaintiff, master, on a voyage at and from Charleston, S. C. to Jamaica, valued at 02000, at a premium of seven per cent. The cause was tried at the New-Tork Sittings, the 11 ih of April, 1805, before Mr. Justice Thompson, when the jury found a verdict for the plaintiff for a total loss. On a motion for anew trial, the' following facts appeared in the case. In December, 1799, the plaintiff purchased of Messrs, Douglas, Stewart & Minot, at Jamaica, the vessel insured by the defendants for the sum of $3000, at…
1Opinion of the CourtSpencer, J.
If has been objected that, by the ' 25th Geo. 3. ch. CO, the certificate of registry not having been inserted, the bill of sale was utterly null and void. It has also been objected that the plaintiff having given a bottomry bond to A. & J. M'Clure, for £2000, which sum they were authorised to get insured on the vessel, there was no insurable interest but the bottomry. With respect to the effect of the British statute, it is a sufficient answer to observe, that it has been proved only by parol ; for though courts’ of law will receive evidence of the common law, from intelligent persons of the…
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