Depeyster v. Columbian Insurance
New York Supreme Court
This was an action ?o recover a total loss by perils of the sea, on a policy of insurance on goods on board the schooner John, for a voyage from New York to Curracoa.
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This was an action ?o recover a total loss by perils of the sea, on a policy of insurance on goods on board the schooner John, for a voyage from New York to Curracoa. From the testimony of the mate and master, who was also owner of the vessel in question, it appeared that the circumstances of the case were these: The bottom of the John was, at the time of her sailing, a little worm-eaten; but she was, notwithstanding, a staunch, tight, and strong vessel, completely found, manned and equipped for the voyage. On arriving a little to windward of her place of destination, the captain perceived…
1Opinion of the CourtLivingston, J.
A motion for a new trial is made on the following grounds: 1. Because the plaintiffs were deprived of the full benefit of the testimony of one 'of the witnesses, by reason of his sudden illness. This witness was not seized with a fit until the plaintiffs had examined and given him over to the defendants ; but had it been otherwise, they should have suffered a nonsuit. Instead of this they proceed with the trial, examine other witnesses, and take the chance of a verdict on the testimony then in their power. After this they come too late for a new trial.(b) 2. It is alleged that the verdict is…
2Cited by7 opinions
- Carroll v. Centralia Water Co.Washington Supreme Court · 1893
- Peeks v. Merchants' Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1822
- Harris v. Doe, on the Demise of BarnettIndiana Supreme Court · 1837
- Taber v. China Mutual InsuranceMassachusetts Supreme Judicial Court · 1881
- Boothe v. StateCourt of Appeals of Texas · 1878
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