Vandenheuvel v. United Insurance
New York Supreme Court
This cause came before the court on a writ of error from the supreme court. For the facts in the case, and the opinion of the court below, see ante, pp. 127 — 168. Yan Vechten, Senator.
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This cause came before the court on a writ of error from the supreme court. For the facts in the case, and the opinion of the court below, see ante, pp. 127 — 168. Yan Vechten, Senator. Two questions are presented for our consideration : 1. Whether the description of the ship in the policy, as being American, and the plaintiff’s representation of her being his property, amount, in judgment of law, to a warranty of her neutrality 7 if so, then, 2. Whether the warranty is conclusively fulfilled by her condemnation, as enemy’s property 7 In examining these questions I have sought, with…
1Opinion of the Court
Clinton,
Senator. The plaintiff having warranted a ship and cargo as American property, the question is, whether, in an action against the insurers, the sentence of a foreign court of admiralty, that a warranty was false, is conclusive evidence. It is admitted by the plaintiff, that the sentence binds and changes the property, and that it is prima facie evidence of the fact set up against him ; and on the other hand, it is conceded by the defendants, that in several cases, in an action of this kind, the judgment is not definitive in favor of the insurers ; such as when, on the face of it, it…
2Cases cited3 opinions
- Croudson v. LeonardSupreme Court of the United States · 1808
- Vasse v. BallSupreme Court of the United States · 1797
- Calhoun ex rel. Fitzimmons v. Insurance Co. of PennsylvaniaSupreme Court of Pennsylvania · 1808
3Cited by8 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Durant v. . AbendrothNew York Court of Appeals · 1884
- Townsend v. Van BuskirkAppellate Division of the Supreme Court of the State of New York · 1897
- In re Gaines' WillNew York Supreme Court · 1895
- Radcliff v. United InsuranceNew York Supreme Court · 1812
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