American Insurance v. Bryan
New York Supreme Court
jjjN RROR from the Supreme Court. Bryan and Mait- '* land brought an action in the superior court of the city of New-York against the American Insurance Company, on a policy insuring goods and merchandize to the amount of $21,000, to be transported from the city of JVew-Yor/c to New-Orleans by the ship Kentucky, and at and from thence by steamboat or boats to Tuscumbia in the state of Alabama; beginning the adventure upon the goods and merchandize from and immediately…
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jjjN RROR from the Supreme Court. Bryan and Mait- '* land brought an action in the superior court of the city of New-York against the American Insurance Company, on a policy insuring goods and merchandize to the amount of $21,000, to be transported from the city of JVew-Yor/c to New-Orleans by the ship Kentucky, and at and from thence by steamboat or boats to Tuscumbia in the state of Alabama; beginning the adventure upon the goods and merchandize from and immediately following the loading thereof on board the ship at New-York, and continuing the same until the goods should be safely landed…
1Opinion of the Court
After advisement, the following opinions were delivered:
By the Chancellor.
- The policy in this case contains the usual clause inserted in most of the American and English' policies insuring against thieves and against the barratry of the master and mariners. The evidence left it a matter of doubt, whether the goods were embezzled by some of the mariners employed about the ship, or steamboats, or by other thieves. The declaration contains several counts, some charging the loss to have been occasioned by barratry, and others charging it to have been by thieves. The case, therefore, presents two…
2Cited by12 opinions
- Schultz v. Pacific InsuranceSupreme Court of Florida · 1872
- People Ex Rel. Jourdan v. DonohueNew York Court of Appeals · 1881
- Putnam v. The ManitobaDistrict Court, S.D. New York · 1900
- S. Felicione & Sons Fish Company, Inc. v. Citizens Casualty Company of New YorkCourt of Appeals for the Fifth Circuit · 1970
- Swift v. American Universal InsuranceMassachusetts Supreme Judicial Court · 1965
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