Legal Opinion

Williams v. Albany City Insurance

Michigan Supreme Court

Decided January 5, 1870PublishedCited by 41 opinions

Case made from Wayne Circuit. This is an action of assumpsit upon a policy of insurance, issued by The Albany City Insurance Co. on the twenty-seventh day of April, in the year one thousand eight hundred and sixty-eight, upon the schooner Stanley L. Noble, to run from said date to the thirtieth day of November, then next, in the sum of two thousand dollars. The plaintiffs 'aver a total loss within the period for which the vessel was insured.

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Case made from Wayne Circuit. This is an action of assumpsit upon a policy of insurance, issued by The Albany City Insurance Co. on the twenty-seventh day of April, in the year one thousand eight hundred and sixty-eight, upon the schooner Stanley L. Noble, to run from said date to the thirtieth day of November, then next, in the sum of two thousand dollars. The plaintiffs 'aver a total loss within the period for which the vessel was insured. To this were added the common counts. The defendant pleaded the general issue. On the trial the parties by stipulation, agreed to the following statement…

1Opinion of the Court

Christiancy J.

This is a case made after judgment in favor of the defendant, in the Circuit Court for the County of Wayne.

The action was assumpsit upon a policy of insurance upon the schooner Stanley L. Noble, dated April 27th 1868, insuring the vessel from that date until the 30th day of November in the same year; the declaration alleging a total loss within that period.

The premium was not paid in cash, but an endorsed note was given for it at six months.

The policy contained an express stipulation that “in case the notes or obligations given for the premium or any part thereof, be not paid at…

2Cases cited1 opinion

  1. Wall v. . the Home Insurance Co.New York Court of Appeals · 1867

3Cited by41 opinions

  1. Eghotz v. CreechMichigan Supreme Court · 1962
  2. Joliffe v. Madison Mutual InsuranceWisconsin Supreme Court · 1875
  3. Phenix Insurance v. TomlinsonIndiana Supreme Court · 1890
  4. Towle v. Ionia, Eaton & Barry Farmers' Mutual Fire InsuranceMichigan Supreme Court · 1892
  5. American Insurance v. StoyMichigan Supreme Court · 1879

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