Ocean Insurance v. Francis
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. The action in the court below was assumpsit for a total loss on a policy of insurance. The cause was tried at the New-York circuit, and a verdict rendered for the plaintiff for $8000, subject to the opinion of the supreme court on a case to be made, with liberty to either party to turn it into a special verdict or bill of exceptions.
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Error from the supreme court. The action in the court below was assumpsit for a total loss on a policy of insurance. The cause was tried at the New-York circuit, and a verdict rendered for the plaintiff for $8000, subject to the opinion of the supreme court on a case to be made, with liberty to either party to turn it into a special verdict or bill of exceptions. The case was argued in that court, and judgment rendered for the plaintiff; to reverse which, the record was removed to this' court by writ of error. For the facts of the case, the arguments of counsel in the supreme court, and the…
1Opinion of the Court
The Chancellor.
In the documents exhibited as preliminary proofs, the interest of Basil Francis was distinctly stated. The insurers made no objection that there was not sufficient proof of interest, but put their refusal to pay on the ground that they were not liable for the loss. That was a waiver of any further preliminary proof of the interest of the assured, and brings this case directly within the decision of the supreme court in Voss v. Robinson, (9 Johns. R. 192.) Neither is there any validity in the objection to the answers of the master to the 11th and 12th interrogatories. He…
2Cases cited2 opinions
- Baxter v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1810
- Ludlow v. Union InsuranceSupreme Court of Pennsylvania · 1815
3Cited by11 opinions
- Durant v. . AbendrothNew York Court of Appeals · 1884
- Spann v. BaltzellSupreme Court of Florida · 1847
- Rogers v. Trader's InsuranceNew York Court of Chancery · 1837
- Edwards v. Baltimore Fire InsuranceCourt of Appeals of Maryland · 1845
- Baxter v. New England Marine InsuranceMassachusetts Supreme Judicial Court · 1810
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