Columbian Insurance v. Lynch
New York Supreme Court
THIS was an action of assumpsit, on a promissory note given by the defendant to the plaintiffs, for a premium of insurance.
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THIS was an action of assumpsit, on a promissory note given by the defendant to the plaintiffs, for a premium of insurance. The cause was tried at the Ncw-Yorlc sittings, in June, 1813, be-a fore Mr. Justice Van Ness, when a verdict was taken fof the plaintiffs, subject to the opinion of the court, on the following case: The plaintiffs, by an open policy of insurance, on the 5th of October, 1811, insured for the defendant, the sum of 20,000 dolIars, on goods laden, or to be laden on board the American ship Ann, for a voyage, “ at and from Bayonne, to the first port she might make in the…
1Opinion of the CourtYates, J.
The important and leading question is, whether there ought to be a return premium of forty-five per cent, on seven thousand dollars, covered by the Philadelphia policy. The policy underwritten by the plaintiffs contained the usual printed clause, relative to prior assurances.
The definition of a double insurance given by Lord Mansfield, in the case of Godin and others v. The London Assurance Company, (1 Burr. 489.) will not aid the construction of the printed clause, as contended for by the defendant’s counsel. His lordship says, “ it is when the same man is to recover two sums instead of one,…
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