Legal Opinion

Day v. Orient Mutual Insurance

New York Court of Common Pleas

Decided May 15, 1860PublishedCited by 2 opinions

Appeal by the defendants from a judgment rendered at Special Term on the verdict of injury. The defendant, by a policy of insurance, insured one-half the schooner Allie Day for one year, from 26th March, 1856, ’to 26th March, 1857, against perils of the sea, &c.; the vessel was valued at $10,000. The policy contained a warranty “ not to “ use porta or places in Texas, except Galveston, nor foreign' “ ports or places in the Gulf of 3Iexico.”

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Appeal by the defendants from a judgment rendered at Special Term on the verdict of injury. The defendant, by a policy of insurance, insured one-half the schooner Allie Day for one year, from 26th March, 1856, ’to 26th March, 1857, against perils of the sea, &c.; the vessel was valued at $10,000. The policy contained a warranty “ not to “ use porta or places in Texas, except Galveston, nor foreign' “ ports or places in the Gulf of 3Iexico.” The insurance was made for the benefit of the plaintiff, who was owner of this half of the schooner*. By a subsequent agreement added to the policy on…

1Opinion of the CourtBradt, J.

policy upon which this action was brought

The was upon the schooner " Allie Day” for one year, from the °26th March, 1856, at noon, to March 26th, 1857, at noon. It contained a warranty as follows : “ Warranted not to use ports or places in Texas except Galveston, nor foreign ports and places in the Gulf of Mexico.” By a subsequent agreement, April 12, 1857, for the additional premium of one per cent, permission was given to make a voyage from New Orleans to Vera Cruz. The schooner went to Yera Cruz, thence to Coatzacoaleos, in the Gulf of Mexico, thence to Boston, and thence *16to Apalachicola,…

2Cases cited6 opinions

  1. Duncan v. Sun Fire InsuranceNew York Supreme Court · 1831
  2. Maryland Insurance Company v. Le Roy, Bayard & M'eversSupreme Court of the United States · 1812
  3. Coffin v. Newburyport Marine InsuranceMassachusetts Supreme Judicial Court · 1812
  4. Westfall v. Hudson River Fire InsuranceThe Superior Court of New York City · 1853
  5. Otis v. HitchcockNew York Supreme Court · 1831

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Cogswell v. ChubbAppellate Division of the Supreme Court of the State of New York · 1896
  2. Cogswell v. ChubbAppellate Division of the Supreme Court of the State of New York · 1896

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