Buchanan v. Ocean Insurance Co.
New York Supreme Court
Assumpsit for a total loss on a policy of insurance; tried at the Neio-York circuit, in January, 1824, before Ed- „ - WARDS, C. Judge. At the trial, the policv was produced, bearing date the ' r J r _ ° 15th day of March, 1821 ; and was in the usual form of policies on vessels, commonly used by the insurance companies in the city of New-York, partly printed and partly written. The first part was as follows»: “Vessel. By The Ocean Insurance Company.
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Assumpsit for a total loss on a policy of insurance; tried at the Neio-York circuit, in January, 1824, before Ed- „ - WARDS, C. Judge. At the trial, the policv was produced, bearing date the ' r J r _ ° 15th day of March, 1821 ; and was in the usual form of policies on vessels, commonly used by the insurance companies in the city of New-York, partly printed and partly written. The first part was as follows»: “Vessel. By The Ocean Insurance Company. A. C. Buchanan,” (the plaintiíF.) “ On account of whom it may concern, in case of loss payable to A. C. B., do make insurance, and cause to be…
1Opinion of the Court
Curia, per
Savage, Ch. J.
The question first in or-der, is, had the plaintiff any insurable interest in the ves*329sel ? The insurance is upon the body, tackle, apparel and other furniture of the good ship called the William and Jane. Afterwards is the following clause : “ The above insurance is hereby declared to be on amount disbursed for repairs of the said vessel at Newport; to which place she returned in distress, and is against total loss only.”
The plaintiff expended in repairs at Newport, $8,500; (a) at whose request, or by what authority, the case does not state. The owner of the cargo, not…
2Cases cited1 opinion
- Saltus v. Ocean InsuranceNew York Supreme Court · 1817
3Cited by11 opinions
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Fowler v. . the New York Indemnity Insurance CompanyNew York Court of Appeals · 1863
- Freeman v. Fulton Fire InsuranceNew York Supreme Court · 1862
- Fowler v. New York Indemnity InsuranceNew York Court of Appeals · 1863
- Trenton Mutual Life & Fire Insurance v. JohnsonSupreme Court of New Jersey · 1854
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