Elting v. Scott
New York Supreme Court
This was an action of assumpsit for money had and received to the use of the plaintiff. The cause was tried before Mr. Justice Spencer at the New- York sittings, the 16th April, 1806. On the 30th December, 1797, the p]ajnt¡¿fs underwrote a policy of insurance, effected in the name of the defendants, “ for themselves, or whom-a verdict was found in their favour in 1799; and in 1801 a final judgment was .given on the verdict.
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This was an action of assumpsit for money had and received to the use of the plaintiff. The cause was tried before Mr. Justice Spencer at the New- York sittings, the 16th April, 1806. On the 30th December, 1797, the p]ajnt¡¿fs underwrote a policy of insurance, effected in the name of the defendants, “ for themselves, or whom-a verdict was found in their favour in 1799; and in 1801 a final judgment was .given on the verdict. From the soever else might have any interest therein,” on goods, on board the schooner Betsy, on a voyage from Curracoa to Netv-Yorlc. On the 11th April, 1798, the…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court. The court in the first place, rejected the evidence of a case which had been made in an action brought by the -present defendants against Mark and Speyer. This case was offered, in order to raise a presumption, that the defen*162dants had represented the property to he neutral. It is, Jjoweyer, a sufficient ..answer to this, to observe, that a representation to one insurer cannot be evidence of a like ¡representation to another insurer, on a different policy, The inference is too remote, and has .no'-solid ground to support it. These cases are a…
2Cited by5 opinions
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