Delavigne v. United Insurance
New York Supreme Court
This was an actibh for money had and received, brought to recover back. the premium, which had been paid by the plaintiff to the defendants, for insuring the brig Norge and lier cargo, from St. Thomas to New York.
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This was an actibh for money had and received, brought to recover back. the premium, which had been paid by the plaintiff to the defendants, for insuring the brig Norge and lier cargo, from St. Thomas to New York. The cause was tried before Mr. - Justice Radcliff, on the 20th day Of November, 1799, at a ¡circuit court held in the city of New York. - . The jury found a verdict for .the plaintiff for 1460 dollars and 54 cents, subject to the opinion of the court on the following case: On the 12th of December, 1798, the defendants insured for the plaintiff, the brig Norge and her cargo, by two…
1Opinion of the Court
• Lewis, J.
delivered the opinion of the court. It was admitted ás a general principle, that where the policy never attaches, but is void ab initio, that the -premium must be returned, because the-contract is without Consideration, and the insurer ought not to retain the premitim where no -risk has been rim. But it was insisted that - here was a fraud oh the insurer-, which enhanced the risk, and that, therefore, the *373plaintiff ought not to be allowed to maintain an action for a return of premium.
If the defendants had sought relief in a court of equity ' against the policy, on the ground of…
2Cases cited2 opinions
- Hoyt v. GilmanMassachusetts Supreme Judicial Court · 1811
- Taylor v. SumnerMassachusetts Supreme Judicial Court · 1808
3Cited by10 opinions
- Parsons, Rich & Co. v. LaneSupreme Court of Minnesota · 1906
- Taylor v. Grand LodgeSupreme Court of Minnesota · 1905
- Waller v. Northern Assurance Co.Supreme Court of Iowa · 1884
- Skudera v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1896
- O'Connor Transportation Co. v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1922
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