Riley v. Delafield
New York Supreme Court
THIS was an action on a policy of insurance. Plea . . non assumpsit, and the statute of limitations. The cause was tried at the New-York sittings, the 13th Junei 1810. The policy was dated the 29th of September, 1801, and purported that “ James Seton, on account of Afames Cumminses, as well in his own name, as _ u ° for and in the name and names of all and every other person, or persons, to whom the same doth, may or shall . « . , , ,, , 0 appertain, m part or m whole/7 made…
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THIS was an action on a policy of insurance. Plea . . non assumpsit, and the statute of limitations. The cause was tried at the New-York sittings, the 13th Junei 1810. The policy was dated the 29th of September, 1801, and purported that “ James Seton, on account of Afames Cumminses, as well in his own name, as _ u ° for and in the name and names of all and every other person, or persons, to whom the same doth, may or shall . « . , , ,, , 0 appertain, m part or m whole/7 made insurance, &c.. “ at and from New-York, to the port of discharge in the Mediterranean, with liberty to stop at Minorca…
1Per curiam
___ There were several objections raised up* on the argument against the right of recovery in this case. It will be sufficient to notice only the first objection, that the plaintiff has not shown an insurable interest.
The policy was generally “ upon the freight of goods laden on board the brig Delia” and the plaintiff was not owner of the vessel, he having, some time before the insurance was effected or the voyage begun, sold her to Howell, who caused the vessel to be insured for the voyage. Howell states that he had nothing to do with the freight for this voyage, as the plaintiff, according…
2Cited by3 opinions
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
- Henop v. TuckerU.S. Circuit Court for the District of Southern New York · 1872
- Hennessey v. Manhattan Fire InsuranceNew York Supreme Court · 1882