Ogden v. . Mutual Insurance Company
New York Court of Appeals
This appeal is from a judgment of the Superior Court of the city of New York. The action is upon an open policy of insurance, made by the defendants, January 13, 1855, insuring the plaintiff) on' account of whom it may concern, loss payable to him, at and from Liverpool to New York, on. all passage money received by A. Taylor & Co., or by their agents in Liverpool, for passengers on board the ship Driver (and several others), to any amount not exceeding fifty thousand…
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This appeal is from a judgment of the Superior Court of the city of New York. The action is upon an open policy of insurance, made by the defendants, January 13, 1855, insuring the plaintiff) on' account of whom it may concern, loss payable to him, at and from Liverpool to New York, on. all passage money received by A. Taylor & Co., or by their agents in Liverpool, for passengers on board the ship Driver (and several others), to any amount not exceeding fifty thousand dollars in the aggregate, and all risks to attach as soon as said passengers are engaged and paid for; amount of passage money…
1Opinion of the Court
. Leonard, J.
The loss, if any, which the owners of tho< ship Driver sustained, and for which they have a right of. action, proceeds from their liability to refund. the passage money, which, was received by their agents, Taylor ,& Co., at Liverpool. The contract is for the entire voyage, and requires the delivery.of the passenger at Mew York before the passage money is earned. Its prepayment does not exempt the ship or her owners from this obligation. It is indisputable that there was no compliance with the contract in this respect, and the vessel and her owners aré liable to the…
2Cases cited2 opinions
- Watson v. DuykinckNew York Supreme Court · 1808
- Detouches v. PeckNew York Supreme Court · 1812