Kemble v. Bowne
New York Supreme Court
This was an action on an o}«n policy, 7,500 dollars, on the ship Helen, “ at and from Point Petre, Gruadaloupe, to St. Thomas’s, beginning the adventure at, and from Gruadaloupe, and to continue till her arrival at St. Thomas’s and there safely moored,” at a premium of 17 1-2 per cent.
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This was an action on an o}«n policy, 7,500 dollars, on the ship Helen, “ at and from Point Petre, Gruadaloupe, to St. Thomas’s, beginning the adventure at, and from Gruadaloupe, and to continue till her arrival at St. Thomas’s and there safely moored,” at a premium of 17 1-2 per cent. The policy was dated 3d September, 1800. The Helen was a prize ship, and had been purchased for Charles Globert, on the 20th November, 1799, whilst lying at Point Petre, for 6,450 dollars and 48 cents, including commission for buying. The defendant received no other information from the broker, than that the…
1Per curiam
Two questions are made in this cause.
1. Was every proper information given to the underwriters?
2. Were the charges proper and sufficiently proved ?
On the first, no doubt was entertained at the trial, nor is any now. It was not necessary to disclose how long the Helen had been at Guadaloupe, nor that she was a prize ship. The first could be material only in case her being there antecedent to the insurance had enhanced the risk, and the latter, in case of a warranty, or representation, which negatived her being a ship of that description. It is of no importance how long she had been at…
2Cited by5 opinions
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