Watson v. Delafield
New York Supreme Court
On a policy of insurance, on 13,600 dollars, in doubloons, at and from Kingston in Jamaica to Baltimore. The case and arguments embraced a variety of points and facts, but as the decision turned on one principle only, it would be.useless to detail more of either than is applicable to the judgment.
Read the full summary
On a policy of insurance, on 13,600 dollars, in doubloons, at and from Kingston in Jamaica to Baltimore. The case and arguments embraced a variety of points and facts, but as the decision turned on one principle only, it would be.useless to detail more of either than is applicable to the judgment. From the evidence it appeared that Andreas Finkin, on whose account the insurance was affected, wrote, on the 16th of August, 1801, a letter from Kingston, addressed to Mr. Stouffer, of Baltimore, his partner in this transaction, desiring insurance against all risks, to be effected on eight hundred…
1Opinion of the CourtLivingston, J.
It is contended on the part of the defendant, either that Stouffer, when he gave the order for insurance, knew of the loss of the Harriet and Ann, (in which case the policy would certainly be void) or that Finkin might, and ought to, have communicated to his partner information of the accident, immediately after his arrival at Norfolk, because this would have prevented the insurance, and that his neglecting so to do was a constructive, or *a positive’ fraud, either of which will equally vacate the insurance.
As to the first allegation, that Stouffer knew of the loss when he wrote his letter of…
2Cited by9 opinions
- Burt v. PlaceNew York Supreme Court · 1830
- Waller v. GravesSupreme Court of Connecticut · 1850
- Alger v. MerrittSupreme Court of Iowa · 1864
- Casey v. StateNebraska Supreme Court · 1886
- Snow v. . Mercantile Mutual Ins. Co.New York Court of Appeals · 1874
4 more not listed; retrieve them via the Exa API.