Gardere v. Columbian Insurance
New York Supreme Court
THIS was an action on an open policy of insurance, dated the 19th of November, 180/, upon cargo, on hoard of the brig Eliza, at and from Mai tínico to New-Tork.
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THIS was an action on an open policy of insurance, dated the 19th of November, 180/, upon cargo, on hoard of the brig Eliza, at and from Mai tínico to New-Tork. The policy contained the following printed clause: “ In case Qf atly joss or misfortune it shall be lawful and necegsaiy for the assured, his factors, serVants, and assigns, t0 sue ^or» labour and travel, in and about the defence, safeguard, and recovery of the said goods and merchandises, or any part thereof, without preiudíce to this in- • r J surance, to the charges whereof the said insurance com- ... .. , , pany will contribute…
1Opinion of the Court 1
Kent, Ch. J. You need not argue that point.
Then there is no legal evidence that the master did. not put in a claim. The sentence is evidence only of the fact of a condemnation as good and lawful prize. If the condemnation was sufficient to enable the plaintiff to bring his action within six months, it was all that was requisite. But we contend that the master is not bound to put in a claim. The introduction of the words, it shall be lazvful and necessary for the assured, &c. in the policy, instead of the words, “ it shall be lawful,” does not vary the meaning or effect of the whole clause…
Also in this document: Opinion of the Court · Yates.
2Cited by10 opinions
- Gibson v. RobinsonSupreme Court of Georgia · 1893
- Andrews v. HerriotNew York Supreme Court · 1825
- American Emigrant Co. v. FullerSupreme Court of Iowa · 1891
- Packard v. HillNew York Supreme Court · 1827
- Van Rensselaer v. JonesNew York Supreme Court · 1848
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