Child v. Sun Mutual Insurance
The Superior Court of New York City
This was an action upon a policy of insurance, tried before Saitoford, J., on the 24th, 25th, and 2fjth days of October, 1848. By the policy read in evidence, dated August 7th, 1843, the defendants insured “ S. P. Child, agent,” on account of whom it might concern, in case of loss to be paid to him, “ at and -from Warren, July 30th, 1843, at noon, on a whaling voyage, and to continue during her stay and cruising, and until her return to Warren, with liberty to stop at all…
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This was an action upon a policy of insurance, tried before Saitoford, J., on the 24th, 25th, and 2fjth days of October, 1848. By the policy read in evidence, dated August 7th, 1843, the defendants insured “ S. P. Child, agent,” on account of whom it might concern, in case of loss to be paid to him, “ at and -from Warren, July 30th, 1843, at noon, on a whaling voyage, and to continue during her stay and cruising, and until her return to Warren, with liberty to stop at all ports and places, for trade, refreshments, and recruits; on vessel and outfits, $9,000; on nautical instruments, $200;…
1Opinion of the CourtBy the Court. Sandford, J.
The defendants’ first exception to the ruling of the judge at the trial, was on the admission of the preliminary proofs. It is objected that they did not furnish sufficient proof of the loss to authorize a claim for payment, because the affidavit presented was not made by the owners of the vessel, it did not aver any inquiry or any diligence to ascertain her actual state, it was not the best evidence the nature of the case admitted of, and it did not state facts, which, if proved at the trial, would have carried the cause to the jury on the question of actual loss.
On this subject, it is to be…
2Cases cited2 opinions
- Pacific Insurance v. CatlettCourt for the Trial of Impeachments and Correction of Errors · 1829
- Barker v. Phoenix InsuranceNew York Supreme Court · 1811
3Cited by4 opinions
- German-American Insurance v. Commercial Fire Ins.Supreme Court of Alabama · 1891
- Whittemore v. WeissMichigan Supreme Court · 1876
- Mallory v. Commercial InsuranceThe Superior Court of New York City · 1861
- Savage v. Corn Exchange Fire & Inland Navigation InsuranceThe Superior Court of New York City · 1858