Lyman v. United Insurance Co.
Court for the Trial of Impeachments and Correction of Errors
APPEAL from the Court of Chancery. The plaintiffs filed their bill for the purpose of having a policy of insurance corrected and amended, so as to change the national character n , , J? r 4 ot the vessel, as described m the policy, from an American to a Portuguese brig.
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APPEAL from the Court of Chancery. The plaintiffs filed their bill for the purpose of having a policy of insurance corrected and amended, so as to change the national character n , , J? r 4 ot the vessel, as described m the policy, from an American to a Portuguese brig. The bill stated, in substance, that the appellants applied to t|le respondents for insurance on the brig Union, as a Portuguese vessel, on a voyage from JSew- York to Oporto, qlc. ; and diat the respondents agreed to insure her in that character ; but that through fraud or mistake, the policy, as made out and delivered to the…
1Opinion of the Court
*Spencer, Ch. J.
The principles which must govern this case are, in my apprehension, very plain and simple. The appellants seek to have a policy of insurance amended, after a loss has happened, on the ground of a mistake in the policy in several particulars, but principally in this, that the brig insured by the respondents, is described in the policy as the “ good American brig, called the Union,” when, as it is alleged, it was the intention of the appellants, and must have been so understood by the respondents, that her national character should be Portuguese.
Before I examine the facts, I…
2Cases cited1 opinion
- Gillespie v. MoonNew York Court of Chancery · 1817
3Cited by11 opinions
- Nevius v. . DunlapNew York Court of Appeals · 1865
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
- Nelson v. DavisIndiana Supreme Court · 1872
- Christopher St. R. Co. v. . 23d St. R. Co.New York Court of Appeals · 1896
- Breckenridge's heirs v. OrmsbyCourt of Appeals of Kentucky · 1829
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