Elbers & Kraffts v. United Insurance Co.
New York Supreme Court
THIS was an action of assumpsit on a policy of insurance, dated the 26th of July, 1813, underwritten by the defend- ants, on a cargo laden on board the Swedish brig Gustava, for a voyage from Mew-Haven to St. Bartholomews. The policy contained a warranty, that the goods insurtid were Swedish property. The cause was tried before Mr. J. Yates, at the Mew-York sittings, in December, 1816. The deposition of F. G. Evers was read at the trial, on the part of the plaintiifs.
Read the full summary
THIS was an action of assumpsit on a policy of insurance, dated the 26th of July, 1813, underwritten by the defend- ants, on a cargo laden on board the Swedish brig Gustava, for a voyage from Mew-Haven to St. Bartholomews. The policy contained a warranty, that the goods insurtid were Swedish property. The cause was tried before Mr. J. Yates, at the Mew-York sittings, in December, 1816. The deposition of F. G. Evers was read at the trial, on the part of the plaintiifs. The witness stated, that, from May, 1814, until May, in' the year following, he was in the counting-house of the plaintiffs,…
1Opinion of the CourtSpencer, J.
The plaintiffs claim for a total loss, on the ground that the vessel, having sailed on the voyage, was never heard of after-wards.; and a year, and a day having elapsed; she is, presumed to be lost. The claim is resisted, 1. Because there is no proof that the vessel ever sailed; 2. That there was- a breach of the warranty, as to the Swedish ownership of the goods, insured; Krafts, having lost his Swedish., and acquired an American character, by being domiciled here.
This last point will be first considered. The plaintiffs had a mercantile establishment, as partners, in St. Bartholomews,…
2Cases cited1 opinion
- Norès v. CarrabySupreme Court of Louisiana · 1843
3Cited by10 opinions
- Donaldson v. State ex rel. TaylorIndiana Supreme Court · 1906
- Shadock v. Alpine Plank-road Co.Michigan Supreme Court · 1889
- Ex parte BlumerTexas Supreme Court · 1865
- Thompson v. LumleyNew York Court of Common Pleas · 1877
- Donaldson v. State ex rel. HonanIndiana Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.