Mumford v. Hallett
New York Supreme Court
THIS was an action on a policy of insurance. The cause was tried at the New-York Sittings, the 17th day of June, 1805, before Mr. Justice Tompkins.
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THIS was an action on a policy of insurance. The cause was tried at the New-York Sittings, the 17th day of June, 1805, before Mr. Justice Tompkins. The policy was in the usual printed form of a policy on cargo : and the blank was filled up with the following words ; At and from Cumana, Spanish-Main, to New-York, with liberty to touch at Ctcracoa or Saint Thomas, in and with the schooner Rising-Sun, on profits; then ’ i J ' followed the printed words, “ on all goods and merchan- “ dizes laden or to be laden, &c. the said goods and mer- “ chandizes for so much as concerns the assured and as- ,…
1Opinion of the CourtLivingston, J.
As there is no contradiction between the written and printed parts of this policy, and no ambiguity in its terms, parol evidence cannot be received to explain the intention of the parties ; nor ought the usage of merchants to be resorted to, where the language used is so explicit, as it is here. It is an insurance on profits, and the goods from which the profits were expected, are valued at twenty-five hundred dollars. This valuation, it is said, was intended to be put on the profits, and not on the goods, and that printed policies on cargoes are generally used for these insurances. This may…
2Cases cited1 opinion
- Davy v. HallettNew York Supreme Court · 1805
3Cited by4 opinions
- Bevin v. Connecticut Mutual Life InsuranceSupreme Court of Connecticut · 1854
- Canada Sugar Refining Co. v. Insurance Co. of North AmericaSupreme Court of the United States · 1900
- Canada Sugar-Refining Co. v. Insurance Co. of North AmericaDistrict Court, S.D. New York · 1897
- Phillips v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1908