Vos v. Robinson
New York Supreme Court
THIS was an action on a policy of insurance on the schooner Maria, “ at and from Port Plata, St. Domingo, to New-York.” The plaintiffs claimed for a total loss, which was averred, i,¡ the first count of the plaintiffs’ declaration, to have happened as follows: “ While the said vessel was at Port Plata aforesaid, to . ’ wit, at Isabella, within the district of Port Plata, she was, by and through the violence of the winds, &c. forced and cast upon rocks, an bars there, and…
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THIS was an action on a policy of insurance on the schooner Maria, “ at and from Port Plata, St. Domingo, to New-York.” The plaintiffs claimed for a total loss, which was averred, i,¡ the first count of the plaintiffs’ declaration, to have happened as follows: “ While the said vessel was at Port Plata aforesaid, to . ’ wit, at Isabella, within the district of Port Plata, she was, by and through the violence of the winds, &c. forced and cast upon rocks, an bars there, and was, then and there, broken, shattered, bilged and totally lost..” In the second count, the plaintiffs averred, that while…
1Per curiam
The two points raised upon this case, are,
1. That the preliminary proof was not sufficient.
2. That there was a deviation, and the vessel lost in consequence of it.
*1961< The protest of the captain, stating the loss, was produced to the agent of the defendant. The register, proving the plaintiffs’ interest in the vessel, was not produced, but as the underwriter made no objection to the deficiency of the preliminary proof, and placed his refusal to pay, specifically and solely on the ground of deviation, he must be deemed to have admitted the plaintiffs’ interest in the vessel, or to have waived the…
2Cited by25 opinions
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- Clark v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Armstrong v. Agricultural InsuranceNew York Court of Appeals · 1892
- Girard Life Insurance, Annuity & Trust Co. v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1881
- Thwing v. Great Western InsuranceMassachusetts Supreme Judicial Court · 1872
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