Murray v. Columbian Insurance
New York Supreme Court
THIS was an action of assumpsit, for money had and received by the defendants to the plaintiff’s use. The defendants gave a cognovit actionem, for 1,900 dollars, subject to the opinion of the court upon the following case, agreed between the parties.
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THIS was an action of assumpsit, for money had and received by the defendants to the plaintiff’s use. The defendants gave a cognovit actionem, for 1,900 dollars, subject to the opinion of the court upon the following case, agreed between the parties. The plaintiff was owner of the ship Egeria, and had insurances made, on the 9th February, 1808, by the defendants, upon the ship, and upon the freight of all goods, wares and merchandises, laden or to be laden on board the said ship, on a voyage, “ at and from Calcutta, with liberty to touch at Madras, for trade, and to take in a part of her…
1Opinion of the CourtThompson, J.
delivered the opinion of the court., There must, I think, be a return of premium in this case, on the ground that the policy never attached, and of course the underwriter not exposed to any risk. It is impossible to say, that a voyage from Madras to New-York is the same as a voyage from Calcutta to New-York. The parties have stipulated expressly in the policy, that the adventure is to begin, at and from Calcutta, and We have no right to substitute any other place. As this was an insurance to commence abroad, unless the underwriters knew something respecting the outward voyage, it would be…
2Cases cited1 opinion
- Silva v. LowNew York Supreme Court · 1799
3Cited by5 opinions
- Filley v. PopeSupreme Court of the United States · 1885
- Waller v. Northern Assurance Co.Supreme Court of Iowa · 1884
- O'Connor Transportation Co. v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1922
- Silloway v. Neptune InsuranceMassachusetts Supreme Judicial Court · 1858
- Folsom v. Merchants' Mut. Mar. Ins.Supreme Judicial Court of Maine · 1854