Sleght v. Rhinelander
New York Supreme Court
THIS was- an action on an open policy' of insurance, on the cargo of the brig Three Friends, on a voyage from New~ York to New-Orleans. The policy was underwritten by the defendants, October 1798, at a premium of 15 percent.' At the foot of the policy was the following written memorandum. “ N. B. The vessel sails under a sea-letter with- . out a register.—Property warrantee American ; proof to be made here only.”
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THIS was- an action on an open policy' of insurance, on the cargo of the brig Three Friends, on a voyage from New~ York to New-Orleans. The policy was underwritten by the defendants, October 1798, at a premium of 15 percent.' At the foot of the policy was the following written memorandum. “ N. B. The vessel sails under a sea-letter with- . out a register.—Property warrantee American ; proof to be made here only.” J . The Three Friends sailed on the voyage insured, but sunk suddenly at sea, about 50 miles from Sandy-Hook. The cause was tried at the Nezu-York sittings on the . . ° 24th…
1Opinion of the CourtSpencer, J.
This, has been argued, on the special verdict,- and for a new trial, on the ground that the verdict is not warranted by the facts proved.
Several points have been made which I shall examine in the order they were raised.
The effect of the taking the money out of court by the plaintiffs’ attorney, and his explanation of the circumstances under which it was taken out, are first to be considered ; and this involves the import and meaning of the rule of this court under which the money was paid in.
When the rule was made, no doubt it was the impression of the court, as well as of the plaintiffs’…
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