Lyman v. United Insurance
New York Court of Chancery
[ * 631 ] THE bill was filed to have a policy of insurance corrected and amended. The plaintiffs, in February, 1813, were partners in trade, and made the following application to the defendants for insurance : “ What will be the premium of insurance on the brig Union, at and from this to * Oporto, with a cargo' of corn; at and from Oporto, to the Cape de Verd Islands, for a cargo of salt; and at and from said Islands to her port of discharge in the United States, free from…
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[ * 631 ] THE bill was filed to have a policy of insurance corrected and amended. The plaintiffs, in February, 1813, were partners in trade, and made the following application to the defendants for insurance : “ What will be the premium of insurance on the brig Union, at and from this to * Oporto, with a cargo' of corn; at and from Oporto, to the Cape de Verd Islands, for a cargo of salt; and at and from said Islands to her port of discharge in the United States, free from British capture 1 The said brig will sail under a Portuguese royal passport. What return, provided the risk ends at…
1Opinion of the Court
The Chancellor.
*632[ * 633 ]
*631The difficulty in this case arises from the want of the requisite evidence of any agreement of the *632parties, different from that contained in the policy. The cases which, treat of this head of equity jurisdiction, require the mistake to be made out in the most clear and decided manner, and to the entire satisfaction of the Court. The authorities were reviewed in the decision in the case of Gillespie and wife v, Moon,† and a reference was made to the successive opinions of Lord Hardwicke, Lord Thurlow, and Lord Eldon, (1 Vesey, 317. 1 Bro, 94. 6 Vesey, 328.) *in favor of…
2Cited by11 opinions
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Andrews v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1822
- Wyche v. GreeneSupreme Court of Georgia · 1852
- Baltzer v. Raleigh & Augusta RailroadSupreme Court of the United States · 1885
- Allison Bros. v. AllisonNew York Court of Appeals · 1894
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