United Insurance v. Scott & Seaman
New York Supreme Court
THIS was an action of assumpsit for money paid, laid out an¿ expended by the plaintiffs for the defendants, and r J f 1 for money had and received by the defendants to the Plea non assumpsit. The by the use of the plaintiffs. Plea non assumpsit. ltie cause was tried at the New-Tork sittings, on the 5th of July 1803, before Mr. justice Livingston, when a verdict was found for the plaintiffs, subject to the opinion of the court, on the following case.
Read the full summary
THIS was an action of assumpsit for money paid, laid out an¿ expended by the plaintiffs for the defendants, and r J f 1 for money had and received by the defendants to the Plea non assumpsit. The by the use of the plaintiffs. Plea non assumpsit. ltie cause was tried at the New-Tork sittings, on the 5th of July 1803, before Mr. justice Livingston, when a verdict was found for the plaintiffs, subject to the opinion of the court, on the following case. The defendants and twenty-two others were separate underwriters on a policy of insurance, dated the 2d March 1798, on the ship Niagara, to…
1Opinion of the CourtThompson, J.
The principal questions arising out of this case, are, 1. Whether the~ defendants are answerable in the present action, and if so, 2. To what extent ? A ' *
It cannot be controverted, that the underwriters upon the s^íb after the abandonment and acceptance, became owners thereof, and answerable for all necessary repairs and expenses. The acceptance must, I think, have a retro-active effect, and the underwriters be deemed owners from the time the accident happened. They cannot, however, be consi-> dered joint-owners, so as to constitute them partners, or so as to make them responsible, one for…
2Cited by13 opinions
- Miller v. CurtisMassachusetts Supreme Judicial Court · 1893
- Lessee of Davis v. KeeferSupreme Court of Pennsylvania · 1811
- Cloon v. City InsuranceOhio Superior Court, Cincinnati · 1854
- Crease v. BabcockMassachusetts Supreme Judicial Court · 1846
- Derry Bank v. WebsterSupreme Court of New Hampshire · 1860
8 more not listed; retrieve them via the Exa API.