Gillilan v. Sun Mutual Insurance
New York Court of Appeals
Appeal from the General Term of the Supreme Court, in the first district. The plaintiff and the defendants (other than the insurance company) were the owners of the ship Jamestown prior and during the year 1859, and down to the time of her loss at sea, in the different proportions or shares particularly stated in the findings of the court at Special Term.
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Appeal from the General Term of the Supreme Court, in the first district. The plaintiff and the defendants (other than the insurance company) were the owners of the ship Jamestown prior and during the year 1859, and down to the time of her loss at sea, in the different proportions or shares particularly stated in the findings of the court at Special Term. The defendants, Oliver Slate, Jr., and James H. Lyles, who were copartners, trading under the firm of Slate & Co. during all that time, were ship-husbands and agents of her owners, authorized to make insurance on her freight, receive her…
1Opinion of the CourtLott, J.
The policy of insurance issued by the appellants created a legal obligation on them to pay the loss, which subsequently occurred, to Slate & Co. It was issued to them, and in their name, and the loss was, by its terms, payable to them, and by its payment the appellants have complied with and fulfilled that obligation. Such, it is conceded, would be its ordinary and general effect; but it is claimed on behalf of the respondent that the insurance, although made in the name of Slate & Co., “ was for the benefit of, and in trust for all the joint owners as a copartnership fund,” that “by the loss…
2Cases cited1 opinion
- Gram v. CadwellNew York Supreme Court · 1826
3Cited by3 opinions
- Burhans v. BurhansNew York Supreme Court · 1888
- De Mott v. KendrickNew York Supreme Court · 1892
- Hilton v. . VanderbiltNew York Court of Appeals · 1880