Earl v. Shaw
New York Supreme Court
This was an action on a policy of insurance, on the ship Grand Turk, from New York to any port or ports in the East Indies, and back to New York. The policy was dated the 5th of May, 1795., The cause was tried before Mr. Justice Radcliff, at the sittings in New York, on the 14th November, 1799, when the jury found a verdict for the plaintiff, subject to the opinion of the court on a c'ase made, With liberty to either party to turn the same into a special verdict.
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This was an action on a policy of insurance, on the ship Grand Turk, from New York to any port or ports in the East Indies, and back to New York. The policy was dated the 5th of May, 1795., The cause was tried before Mr. Justice Radcliff, at the sittings in New York, on the 14th November, 1799, when the jury found a verdict for the plaintiff, subject to the opinion of the court on a c'ase made, With liberty to either party to turn the same into a special verdict. The following are the material facts in the case: The vessel was captured on the 26th December, 1796, on her return to New York,…
1Opinion of the CourtLewis, J.
In this case three questions have been made
1. Whether the delay of the voyage before the vessel sailed ' can affect the policy.. 2. Whether the assignment of the policy by the plaintiff to Guerlain, previous to the sailing of the vessel, altered the risk, so as to vitiate the policy., .
3. Whether the abandonment was made in due season, the notice of loss having been received in April, 1797, and the abandonment made in October following.
1. It does not appear that the vessel was detained after the policy was dated, from fraud or.any sinister design, nor that
the risk was thereby enhanced. ' The…
2Cases cited4 opinions
- Wakefield v. MartinMassachusetts Supreme Judicial Court · 1799
- Coffin v. Newburyport Marine InsuranceMassachusetts Supreme Judicial Court · 1812
- Livermore v. Newburyport Marine InsuranceMassachusetts Supreme Judicial Court · 1804
- Gourdon v. President of the Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1802
3Cited by7 opinions
- Duncan v. China Mutual InsuranceThe Superior Court of the City of New York and Buffalo · 1891
- Boston Iron & Metal Co. v. Automobile InsuranceCourt of Appeals of Maryland · 1929
- Bulkley v. Protection Ins. Co.U.S. Circuit Court for the District of Connecticut · 1835
- Gilfert v. HalletNew York Supreme Court · 1801
- Roget v. ThurstonNew York Supreme Court · 1801
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