Bank of South Carolina v. Bicknell
U.S. Circuit Court for the District of Rhode Island
[In equity. Bill by the Bank of South Carolina against Bicknell and. Skinner and the Commercial Insurance Company on a policy of insurance. Bill dismissed. Reversed by supreme court in Bank of South Carolina v. Commercial Ins. Co., 17 Lawy. Ed. U. S. Sup. Ct.
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[In equity. Bill by the Bank of South Carolina against Bicknell and. Skinner and the Commercial Insurance Company on a policy of insurance. Bill dismissed. Reversed by supreme court in Bank of South Carolina v. Commercial Ins. Co., 17 Lawy. Ed. U. S. Sup. Ct. Rep. 241.] Bill in equity praying, among other things, that the corporation complainant might be declared entitled to recover the amount of a certain policy of insurance from the corporation defendants, on a quantity of cotton, in the same manner as if the insurance had been effected in their name; that the insurance company might be…
1Opinion of the Court
CLIFFOBD, Circuit Justice.
Marine insur-' anee is a contract whereby one party/' for -a" stipulated sum, undertakes to indemnify the other against loss or damage arising "from certain perils or sea-risks to which his ship, merchandise, or other interest may be exposed during a certain voyage or for a certain period of time. 1 Arn. Ins. p. 2." Like other valid engagements between business men, it requires two parties to make the contract; and as a general rule no person can *676maintain a suit on the policy against the insurers, unless he is named in the instrument, or unless there is some privity…
2Cases cited1 opinion
- De Forest v. Fulton Fire InsuranceThe Superior Court of New York City · 1828
3Cited by1 opinion
- Russell ex rel. Crucet v. Union InsuranceUnited States Circuit Court · 1806