Pardo v. Osgood
The Superior Court of New York City
This was an appeal from a judgment overruling a demurrer to an answer. The action was brought to procure an offset of a premium note, (given by the plaintiffs upon a policy of insurance,) against a claim for a loss under the policy, and the cancellation and surrender of the note.
Read the full summary
This was an appeal from a judgment overruling a demurrer to an answer. The action was brought to procure an offset of a premium note, (given by the plaintiffs upon a policy of insurance,) against a claim for a loss under the policy, and the cancellation and surrender of the note. The complaint alleged that the plaintiffs were co-partners, under th.e name of “ Pardo, Seixas & Co.” That on the 26th day of April, 1865, at the city of New York, the said “ The Columbian Insurance Company,” in consideration of the premium note of the plaintiffs for $1401.25, (bearing date on that day, and payable…
1Opinion of the Court
By the Court, Robertson, Ch. J.
Since the decision of this case at special term, the case of the present defendants against DeGroot and another, involving nearly the same questions, has been determined by the Court of' Appeals, at their last March term, and several principles of law applicable to the present case authoritatively settled therein. The policies in both cases were on time, on vessels to which injury from perils'insured against occurred, before the appointment of receivers ; both made the loss payable a certain time after proof of loss and interest, and contained a similar clause…
2Cases cited4 opinions
- Holbrook v. Receivers of the American Fire InsuranceNew York Court of Chancery · 1836
- Jones v. RobinsonNew York Supreme Court · 1857
- In re the Receivers of Globe InsuranceNew York Court of Chancery · 1836
- Swords v. BlakeNew York Court of Chancery · 1837
3Cited by1 opinion
- Turner v. ParkerSupreme Court of Louisiana · 1845