Murray v. United Insurance
New York Supreme Court
This was an action on a policy of insurance, on the “American brig, called the Mary,” from New York to a port in Jamaica. The cause was tried, at the last March circuit in New York, before Mr. Justice Radcliff, when the jury found a special verdict. The material facts are the following : John Bazing, a citizen of the United States, was sole owner of the brig, which was duly registered as an American vessel.
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This was an action on a policy of insurance, on the “American brig, called the Mary,” from New York to a port in Jamaica. The cause was tried, at the last March circuit in New York, before Mr. Justice Radcliff, when the jury found a special verdict. The material facts are the following : John Bazing, a citizen of the United States, was sole owner of the brig, which was duly registered as an American vessel. On the 28th April, 1798, Bazing conveyed the brig, by a regular bill of sale, to John Murray, (one of the plaintiffs,) and William Hart, both citizens of the United States, who thereupon…
1Opinion of the CourtRadcliff, J.
This vessel was insured as the American brig Mary. This has already been considered as equivalent to a representation of neutral property. It is stronger than a representation, for being contained in the policy itself, it amounts to an implied warranty of that fact.(a) Considering it either as a representation, or an implied warranty,(b) the plaintiffs, according to the cases al*170ready decided, are precluded from a recovery, by the operation of the sentence in the French court of prizes, which among other causes, proceeds on the ground that the property was English. But I also think the…
2Cases cited4 opinions
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
- Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
- Delavigne v. United InsuranceNew York Supreme Court · 1800
- Gardiner v. SmithNew York Supreme Court · 1799
3Cited by2 opinions
- Barker v. Phoenix InsuranceNew York Supreme Court · 1811
- Lewis v. ThatcherMassachusetts Supreme Judicial Court · 1819