Legal Opinion

Braden v. Louisiana State Insurance

Supreme Court of Louisiana

Decided April 15, 1830PublishedCited by 4 opinions

Appeal from the court of the first district. C This suit was brought on a policy of insurance, to recover from the defendants one thousand six hundred and six dollars and thirty-four cents, being the adjusted loss on a quantity of cotton, damaged by the perils insured against. The policy was effected by Fisher, Burke & Watson, on account of the plaintiff, who was owner of the cotton. The only question in the case, arose on a clause in the policy to this effect.

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Appeal from the court of the first district. C This suit was brought on a policy of insurance, to recover from the defendants one thousand six hundred and six dollars and thirty-four cents, being the adjusted loss on a quantity of cotton, damaged by the perils insured against. The policy was effected by Fisher, Burke & Watson, on account of the plaintiff, who was owner of the cotton. The only question in the case, arose on a clause in the policy to this effect. “In the event of loss, payment to be made to Fisher, Burke & Watson.” The de-fence set up was, that the payment was to be made to the…

1Opinion of the Court

Porter, J.. delivered the opinion of the court. The petition alleges, “that on the 20th day of April, 1829, the defendants subscribed a policy of insurance for the sum of four thousand eight hundred dollars, on a quantity of cotton, the property of the plaintiff on a voyage from Elk river to the port of New-Orleans, which policy was subscribed on the application of Fisher, Burke &, Watson, the agents and factors of the petitioners.”

The contract states that, “Fisher, Burke So Watson, on account of P. H. Braden, doth make insurance, and cause to be insured, So c. &c.”

At the close of the…

2Cited by4 opinions

  1. Wheeler v. Insurance Co.Supreme Court of the United States · 1880
  2. Howard v. Delgado & Co.Court of Appeals for the Fifth Circuit · 1903
  3. Thomas v. Fidelity Brokerage Services, Inc.District Court, W.D. Louisiana · 1997
  4. Pritchett v. Mechanics & Traders' InsuranceSupreme Court of Louisiana · 1875

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