Bridge v. Niagara Ins.
The Superior Court of New York City
This was an action upon a policy for insurance tried before Mr. Justice Hoffman. The policy was an open one in the usual form, on cargo for $5000, dated the 19th day.of February, 1827, and subscribed by the defendants. That part of it, which is deemed material to this case, was as follows, viz :— “ Cargo.
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This was an action upon a policy for insurance tried before Mr. Justice Hoffman. The policy was an open one in the usual form, on cargo for $5000, dated the 19th day.of February, 1827, and subscribed by the defendants. That part of it, which is deemed material to this case, was as follows, viz :— “ Cargo. By the Niagara Insurance Company of New-York; “ Lewis K. Bridge, on account of dimos Foster, of Carthagena, or “ whomsoever it may concern, do make insurance, and cause to “ be insured, lost or not lost, at and from Carthagena to New- “ York, upon all kinds of lawful goods and merchandises,…
1Opinion of the CourtOakley, J.
This is an action on an open policy of insurance, dated the 19 th of February, 1827, on goods, &c. laden, or to be laden on board any vessel from Carthagena to New-York, on account of one Foster, who resided at Carthagena. The defence rests on two grounds : 1st, That the policy never attached upon the goods which were lost, and for which the plaintiff seeks to recover; and secondly, that if it was intended to cover such goods, it was never in fact consummated so as to become a binding contract on the defendants.
Under the first branch of the defence it is contended, that the policy was made by…
2Cited by4 opinions
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