Legal Opinion

Jackson v. New York Insurance

New York Supreme Court

Decided January 15, 1801Published

This was an action on a policy of insurance, on the ship Oneida, from New York to London, warranted American property, proof of which, if required, to be made in New York. The policy was dated the 1st of November, 1796, when the ship was owned by the plaintiff, a natural bom citizen of the United States.

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This was an action on a policy of insurance, on the ship Oneida, from New York to London, warranted American property, proof of which, if required, to be made in New York. The policy was dated the 1st of November, 1796, when the ship was owned by the plaintiff, a natural bom citizen of the United States. Afterwards, on the 29th of April, 1797, and before the vessel sailed on the voyage insured, the plaintiff sold and transferred her to James Jackson, a British subject; but who became a naturalized citizen of the United States on the 6th of April, 1797. The Oneida set sail from New York on the…

1Opinion of the CourtRadcliff, J.

1. It is sufficient to decide this case, that the plaintiff has not maintained his warranty, according to the principles already determined on this subject. (1 Johns. Cas. 16, 341, 360.) But,

2. Here was- a transfer of the property, subsequent to the insurance, to one, who in view of the belligerent parties was *192not entitled to be regarded as a neutral. James Jackson emigrated flagrante bello; and we have already decided, (1 Johns. Cas. 360 ;)(a) that no citizen or subject of either of the parties at war, can change his allegiance, so far as to alter *with respect to them, the relation in which…

2Cases cited4 opinions

  1. Delavigne v. United InsuranceNew York Supreme Court · 1800
  2. Ludlow v. DaleNew York Supreme Court · 1799
  3. Duguet v. RhinelanderNew York Supreme Court · 1802
  4. Duguet v. RhinelanderNew York Supreme Court · 1800

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