Williams v. Delafield
New York Supreme Court
Assumpsit upon a policy, on the schooner Margaret, from Cape Francois to Baltimore. The insurance was effected *on a written representation, dated Baltimore, 3d January, 1802, but' in fact, extracted from a letter of that day, addressed by the plaintiff to his broker, and was in these words : “I have information of her sailing, and she is out this day twenty-six days.”
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Assumpsit upon a policy, on the schooner Margaret, from Cape Francois to Baltimore. The insurance was effected *on a written representation, dated Baltimore, 3d January, 1802, but' in fact, extracted from a letter of that day, addressed by the plaintiff to his broker, and was in these words : “I have information of her sailing, and she is out this day twenty-six days.” From this circumstance 7 per cent, was paid on the vessel, though her cargo had been insured at four,: but the three per cent, extra was given in consequence of her being out of time. On the trial it appeared that a Captain…
1Opinion of the Court
Spencer, . J.
delivered the opinion of the court. The motion for a new trial is made on two groujsds; 1. A material concealment ;(a) 2. A material representation as to the time the vessel was out. The concealment is supposed to consist in not communicating the' storm, and all that Captain Weaver might have related. B ut Captain Weaver does not pretend that the' plaintiff knew of his arrival. He states that about a week 'after he arrived, a Mr. Hillian, wbo was interested in tbe cargo of tbe Margaret, inquired of him when gbe sailed, expressing at tbe same time bis fears that she was lost. To…
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