Griswold v. National Insurance Co.
New York Supreme Court
Assumpsit. The first count of the declaration was upon ri0licv of insurance on the ship William, dated August 21sf, 1819, at and from Jfew-York to Cadiz, averring that the ship sailed on the voyage insured, and alleging her physical total loss, and that the ship became of no use or value, by perils of the sea.
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Assumpsit. The first count of the declaration was upon ri0licv of insurance on the ship William, dated August 21sf, 1819, at and from Jfew-York to Cadiz, averring that the ship sailed on the voyage insured, and alleging her physical total loss, and that the ship became of no use or value, by perils of the sea. The second count set. forth another policy upon the same vessel and voyage, in the same terms as the policy described in the first count, and averred the loss to be a technical total one, as amounting to more than a moiety of the ship. The third count was the same as the second,…
1Opinion of the Court
Curia,
per Sutherland, J.
This case comes before the Court upon several special demurrers to the plaintiffs’ replications to the defendants’ pleas in bar ; and the first question for consideration is, whether those pleas are substantially good ; for if not, although the demurrers may he well taken, still the plaintiffs will be entitled to judgment, unless the defects of the pleas are cured by the replications.
The pleadings turn upon the rotten clause in the policy of insurance, which provides, “ that if the vessel, upon a regular survey, should be thereby declared unseaworthy by reason of her…
2Cases cited3 opinions
- Dorr v. Pacific InsuranceSupreme Court of the United States · 1822
- Haff v. Marine InsuranceNew York Supreme Court · 1809
- Brandegee v. National InsuranceNew York Supreme Court · 1822
3Cited by7 opinions
- St. Louis Gas Light Co. v. City of St. LouisSupreme Court of Missouri · 1885
- Pettit v. Fretz'sSupreme Court of Pennsylvania · 1859
- Balz v. UnderhillNew York Supreme Court · 1897
- Claggett v. SimesSuperior Court of New Hampshire · 1855
- Murray v. Great Western InsuranceNew York Supreme Court · 1886
2 more not listed; retrieve them via the Exa API.