Legal Opinion

Turner v. Burrows

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1831PublishedCited by 11 opinions

Error from the supreme court. Turner sued Burrows, to. recover one sixth of the amount of monies received by the latter, under a policy of insurance on a brig, in which the parties were jointly interested, the plaintiff owning one sixth, and the defendant five sixths of the vessel. The declaration contained the common money counts.

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Error from the supreme court. Turner sued Burrows, to. recover one sixth of the amount of monies received by the latter, under a policy of insurance on a brig, in which the parties were jointly interested, the plaintiff owning one sixth, and the defendant five sixths of the vessel. The declaration contained the common money counts. On the 17th January, 1827, the defendant being the sole owner of the vessel, transferred one sixth of her to the plaintiff, for the consideration of $1608. On the 19th January the defendant made application to an insurance company to insure the vessel in these…

1Opinion of the Court

The following opinions were delivered:

By the Chancellor.

The plaintiff on the trial of1 this cause offered to prove that it was a common usage for insurance companies to underwrite policies in Hank, similar to the one given in evidence by him, and that the usual understanding of the companies and of the mercantile community was, that such a policy was tantamount to a policy containing the words, for account of whom it may concern. I am in-dined' to think this wastan offer to prove what the law is, by the opinions of commercial men, Which certainly is not admissible.

Previous, however, to the…

2Cases cited1 opinion

  1. Dumas v. JonesMassachusetts Supreme Judicial Court · 1808

3Cited by11 opinions

  1. Michigan Southern & Northern Indiana Railroad v. McDonoughMichigan Supreme Court · 1870
  2. Lee v. . AdsitNew York Court of Appeals · 1867
  3. Harvey v. . CherryNew York Court of Appeals · 1879
  4. Mitchell v. ChambersMichigan Supreme Court · 1880
  5. Burrows v. TurnerNew York Supreme Court · 1840

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