Hendricks v. Commercial Insurance
New York Supreme Court
THIS was an action of assumpsit brought for a re-4 ° turn olpremium^ on a policy of insurance, underwritten by the defendants for the plaintiff, dated the 21st of December, 1808, upon goods, being tin in boxes, on board of the ship Thomas, “ at and from Bristol to New-York,” valued at 9,130 dollars. Premium 10 per cent.
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THIS was an action of assumpsit brought for a re-4 ° turn olpremium^ on a policy of insurance, underwritten by the defendants for the plaintiff, dated the 21st of December, 1808, upon goods, being tin in boxes, on board of the ship Thomas, “ at and from Bristol to New-York,” valued at 9,130 dollars. Premium 10 per cent. “Warranted to have sailed from the port of Bristol between 1 the 20th of October, and the 1st of December, 1808.” The cause was tried at the last June sittings, held in New-York, when a verdict was taken for the plaintiff, by consent, for 986 dollars arid 48 cents, subject to…
1Opinion of the CourtVan Ness, J.
The question arising in this case, is, whether the policy ever attached upon the subject insured ; and if it did, though only for a single moment, it it is admitted there can be no return of premium. On the part of the plaintiff, it is contended, that as the ship did not sail from the port of Bristol, until after the 1st December, the goods were never at the risk of the assurer, and the vessel and cargo having arrived in safety, the premium ought to be returned. The defendant, on the other hand, insists that the insurance being at and from Bristol, the goods were covered whilst in port, and…
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