Dow v. Smith
New York Supreme Court
This was an action upon an adjustment at sixty per cent, on a policy of insurance, upon the schooner Industry, from Hew-York to Edenton, in Horth Carolina, valued at five hundred pounds. The policy was dated the 4th of April, 1795 ; on the 16th of the same month was made. At the trial of the cause before Mr. Justice Lewis, on the 3d of July, 1801, the plaintiff produced the adjustment, and there rested his cause. The defence set up was fraud.
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This was an action upon an adjustment at sixty per cent, on a policy of insurance, upon the schooner Industry, from Hew-York to Edenton, in Horth Carolina, valued at five hundred pounds. The policy was dated the 4th of April, 1795 ; on the 16th of the same month was made. At the trial of the cause before Mr. Justice Lewis, on the 3d of July, 1801, the plaintiff produced the adjustment, and there rested his cause. The defence set up was fraud. To prove it, the deposi tian of one Jonathan Stratton was adduced, stating, that in March, 1795, he sailed from the port of Hew-York, in the Industry;…
1Opinion of the Court
Lewis, Ch. J.
Both may be right: one may speak of carpenters’ measurement, the other that of the customhouse.
Jones.
Not being seaworthy for want of a crew, is a *57matter of fact for a jury-: and on that they have determined ; their verdict, therefore, not to be disturbed.
Jones.
Yes, she had. The want of crew was insisted on *at the trial, and the verdict shows the [*36'] jury’s opinion. Dow had gone to North Carolina on the very voyage insured in a vessel larger than this with only three hands, including himself; this was only a pettiauger. As to the policy’s being at and from, it is a mistake, the…
Also in this document: Per curiam.
2Cases cited1 opinion
- Silva v. LowNew York Supreme Court · 1799
3Cited by4 opinions
- Willetts v. . the Sun Mutual Ins. Co.New York Court of Appeals · 1871
- Farmers & Merchants' Insurance v. ChesnutIllinois Supreme Court · 1869
- Faugier v. HallettNew York Supreme Court · 1801
- Remington v. Westchester Fire InsuranceSupreme Court of Rhode Island · 1883