Delafield v. Hand
New York Supreme Court
THIS was an action of assumpsit. The declaration contained two counts, for money had and received to the use of the plaintiff, and for money paid, &c. Plea, non assumpsit.
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THIS was an action of assumpsit. The declaration contained two counts, for money had and received to the use of the plaintiff, and for money paid, &c. Plea, non assumpsit. At the trial, the plaintiff proved that he was an insurer for 1,000 dollars, on the freight of the ship Sophia, of which the defendant was master, and owner of one-third, on a voyage from New-Tork to Havre de Grace, in France, in the year 1801 ; that the ship, having performed eight-ninths of her: voyage, was captured and carried into Ramsgate, in England., in September, 1801, and remained there several months, when she was…
1Opinion of the CourtYates, J.
This is an action for money alleged to have been received by the defendant, in consequence of an adjudication of a French tribunal, and claimed by the plaintiff. The propriety of the remedy now sought for, may, perhaps, be Controverted on legal grounds ; but a preliminary question, arising, the determination of which, in the opinion of the court, renders such inquiry unnecessary, I shall proceed to examine the question, whether an exemplification of certain proceedings of a tribunal at Havre de Grace, and objected to, on the trial, was legally admitted in evidence. ' , - '
*314It is undoubtedly a…
2Cited by6 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Andrews v. HerriotNew York Supreme Court · 1825
- Francis v. Ocean Insurance Co.New York Supreme Court · 1826
- Packard v. HillNew York Supreme Court · 1827
- Chew v. KeckSupreme Court of Pennsylvania · 1833
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