Insurance Co. v. Lyman
Supreme Court of the United States
Error to the Circuit Court for the District of Louisiana. Lyman & Co. brought their action in the court below against the Merchants’ Mutual Insurance Company of New Orleans, for the sum of $12,000, the value of the brig “ Sailor Boy,” lost at sea on the 8th of January, 1870, and which was insured, as they allege, by the said company.
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Error to the Circuit Court for the District of Louisiana. Lyman & Co. brought their action in the court below against the Merchants’ Mutual Insurance Company of New Orleans, for the sum of $12,000, the value of the brig “ Sailor Boy,” lost at sea on the 8th of January, 1870, and which was insured, as they allege, by the said company. Their petition set forth that on the 30th of October, 1869, the companj' had issued a policy to them on the brig for the sum named, which insured her until January 1st, 1870. That on the 15th December, 1869, they applied to the company to insure them in the same…
1Opinion of the CourtJustice Miller
Undoubtedly a valid verbal contract for insurance may be made, and when it is relied on, and is unembarrassed by auy written contract for the same insurance, it can be proved and become the foundation of a recovery as in all other cases where contracts may be made either by parol or in writing. But it is also true that when there is a written contract of insurance it must have the same effect as the adopted mode of expressing what the contract is, that it has in other classes of contract, and must have the same effect in excluding parol testimony in its application to it, that other written…
2Cited by2 opinions
- Insurance Company v. LymanSupreme Court of the United States · 1873
- Fulkerson v. National Union Fire Ins.District Court, D. Montana · 1923