Barker v. Phoenix Insurance
New York Supreme Court
THIS was an action on a policy of insurance on goods, laden on board “ the American ship called the Rodman, at and from St. Petersburgh to New-TorkP The policy was dated the 31st October, 1807, and 20,000 dollars subscribed, at a premium of three per cent.
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THIS was an action on a policy of insurance on goods, laden on board “ the American ship called the Rodman, at and from St. Petersburgh to New-TorkP The policy was dated the 31st October, 1807, and 20,000 dollars subscribed, at a premium of three per cent. The cause was tried at the last June sittings, in New-York. before Mr. Justice Thompson. ’ The ship sailed from St. Petersburgh, on the 6th Octo- , . . r r. , , 1-, her, 1807, with a full cargo or iron and hemp ; and in the night of the same day, struck on a rock at the north end of Hochland. After considerable exertions, with assistanee…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. 1. The first objection to the plaintiff’s right of recovery is, that the preliminary proofs were insufficient. The plaintiff duly and formally abandoned in writing, on the 5th of October, and communicated with the letter of abandonment, a copy of the letter from Captain Corliss, of the 11th of July preceding, which contained all the in* formation that he had, at that time, received. The letter of the captain stated, that the cargo insured had been detained at Copenhagen by an embargo, and that he had been obliged to leave it behind. The…
2Cases cited4 opinions
- Bry v. DowellSupreme Court of Louisiana · 1841
- Goix v. LowNew York Supreme Court · 1800
- Vandenheuvel v. United InsuranceNew York Supreme Court · 1801
- Murray v. United InsuranceNew York Supreme Court · 1801
3Cited by10 opinions
- Francis v. Ocean Insurance Co.New York Supreme Court · 1826
- Nelson v. BelmontThe Superior Court of New York City · 1856
- Lewis v. ThatcherMassachusetts Supreme Judicial Court · 1819
- Hall v. WadsworthWest Virginia Supreme Court · 1887
- Child v. Sun Mutual InsuranceThe Superior Court of New York City · 1849
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