Sharp v. United Insurance
New York Supreme Court
THIS was an action brought to recover back a premium which had been paid by the plaintiff to the defendants, for the insurance of the ship Hercules, on a voyage from New-York to Liverpool, and back to NewYork. The declaration contained a count for money had and received, and other common counts in assumpsit ; to which the defendants pleaded the general issue.
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THIS was an action brought to recover back a premium which had been paid by the plaintiff to the defendants, for the insurance of the ship Hercules, on a voyage from New-York to Liverpool, and back to NewYork. The declaration contained a count for money had and received, and other common counts in assumpsit ; to which the defendants pleaded the general issue. The cause was tried before Mr. Justice Yates, at the New-York sittings, in November, 1816. The policy of insurance was executed on or about the 24th of October, 1810, when it bore date, (after a written application to the defendants by…
1Opinion of the CourtSpencer, J.
The plaintiff seeks to recover back the premium of insurance on the ship Hercules, on a voyage from New-York to Liverpool, on the allegation, that he and his brother Robert Sharp were not owners *204when tile policy was effected. To prove this, the plaintiff offered in evidence the register of the ship, dated the 2d of June, 1809, by which it appears, on the oath of David Dunham, that he, together with Robert Sharp, were the owners ; the policy bears date the 24th of October, 1810.
The only question in the case is, whether the register is evidence, prima facie, that Robert and John Sharp were not…
2Cited by8 opinions
- International Nav. Co. v. LindstromCourt of Appeals for the Second Circuit · 1903
- Thorn & Thorn v. HicksNew York Supreme Court · 1827
- United States v. PetersonU.S. Circuit Court for the District of Massachusetts · 1846
- Baxter v. WallaceNew York Court of Common Pleas · 1863
- Stacy v. GrahamThe Superior Court of New York City · 1854
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