Ludlow v. Dale
New York Supreme Court
This was' an action on a policy of insurance, dated the 5th day of November, 1795, effected by the plaint tiffs for M. Myers, of Norfolk, in Virginia, on the cargo of the schooner Paragon, at and from Aux Cayes, or any other port in Hispaniola, to any port in the United States warranted, American property. The plaintiff declared for a total loss, by capture, made by the British ship of war called the Argonaut.
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This was' an action on a policy of insurance, dated the 5th day of November, 1795, effected by the plaint tiffs for M. Myers, of Norfolk, in Virginia, on the cargo of the schooner Paragon, at and from Aux Cayes, or any other port in Hispaniola, to any port in the United States warranted, American property. The plaintiff declared for a total loss, by capture, made by the British ship of war called the Argonaut. The cause was tried before Mr. Justice Lewis, at the sittings, held in the city of New York, after October term, 1797, when the defendant’s subscription to the policy was admitted, and…
1Opinion of the CourtKent, J.
Two questions have arisen upon this case.-
1. Whether the sentence of the admiralty court pre-
cludes all further inquiry respecting the neutrality of the property. ' ■ • > '
2. If it does not, then whether the testimony offered appears to warrant the -sentence of condemnation at Jamaica.
I shall confine my self to the consideration of the first question, because, in my opinion, it will govern and determine the case.
It is a clear and settled principle of law, that the sentence of a court of competent jurisdiction, as to the direct point under decision, is conclusive upon all other courts of the…
2Cited by4 opinions
- Hilton v. GuyotSupreme Court of the United States · 1895
- Vandenheuvel v. United InsuranceNew York Supreme Court · 1801
- Laing v. United InsuranceNew York Supreme Court · 1801
- Jackson v. New York InsuranceNew York Supreme Court · 1801