Whitney v. American Insurance
New York Supreme Court
Assumpsit' on a policy of Insurance, tried the 13th April, 1822. at the New-Yur/c sittings, before Mr. Justice Wood-worth ; when a verdict was taken, by consent, for the plaintiff fur $20,000, subject to the opinion of the Court, and to adjustment, upon the following case, with liberty to either party to turn it into a special verdict or bill of exceptions.
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Assumpsit' on a policy of Insurance, tried the 13th April, 1822. at the New-Yur/c sittings, before Mr. Justice Wood-worth ; when a verdict was taken, by consent, for the plaintiff fur $20,000, subject to the opinion of the Court, and to adjustment, upon the following case, with liberty to either party to turn it into a special verdict or bill of exceptions. The policy was dated July 1th, 1818, and was effected by the plaintiff in his own name, and upon his own account, an.d underwritten by the defendants, upon all ltinds of lawful goods and merchandizes, laden or to be laden on board the ship…
1Opinion of the Court
Curia,
per Savage, Ch. J.
The contract in this valued policy is, “ that the goods shall come safe to the port of delivery ; or, if they do not. to indemnify the plaintiff to the amount of the prime cost, or value in the policy.” (2 Burr. 1172, per Ld. Mansfield.) The valuation is admitted in the policy : it is the amount to be recovered, if the property insured is lost by the perils insured against. (Philips on Ins. 307. 3 taunt. 506. 6 Cranch, 220-1. 3 Caines’ Rep. 20. 3 T. R. 362.) And this value is conclusive upon the underwriters, when there is no suggestion of fraud or imposition.(id. 8…
2Cases cited1 opinion
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
3Cited by3 opinions
- Voisin v. Providence Washington InsuranceAppellate Division of the Supreme Court of the State of New York · 1900
- Dow v. Hope InsuranceThe Superior Court of New York City · 1828
- Sturm v. Atlantic Mutual InsuranceThe Superior Court of New York City · 1874