Francis v. Ocean Insurance Co.
New York Supreme Court
Assumpsit for a total loss on a valued policy of insurance on the British brig Francis ; tried at the adjourned 1 * New-York circuit, January 10£A, 1824, before Edwards, C. Judge.
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Assumpsit for a total loss on a valued policy of insurance on the British brig Francis ; tried at the adjourned 1 * New-York circuit, January 10£A, 1824, before Edwards, C. Judge. The policy was dated the 15th of November, 1817, and Was at and from Middletown, in Connecticut, td one or more' islands in the West Indies, &c. ; and contained the usual risks of the seas, &c. takings at sea, restraints, &c. of all kings, princes or people, with a clause, that in case of any loss or misfortune, it should be lawful and néeessary, for the assured' to work, labor and travel, for, in and about the…
1Opinion of the Court
Curia, per
Sutherland, J.
The defendants waived whatever imperfection there may have been in the preliminary proofs of the plaintiff’s interest in the subject insured, by not putting their refusal to pay upon that ground. They declared, “ that they would not settle the claim in any way putting their objection to pay on the merits of the case, and not on any defect in the proof of the plaintiff’s interest. If that ground had been taken, the defect might, and undoubtedly would have been supplied. (9 John. 192. 7 John. 315. 8 John. 307.)
But this point was not much insisted upon by the defendant’s…
2Cases cited14 opinions
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- Norwich & New York Transportation Co. v. Western Massachusetts InsuranceU.S. Circuit Court for the District of Connecticut · 1868
- Phillips v. United States Benevolent SocietyMichigan Supreme Court · 1899
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