Livingston v. Delafield
New York Supreme Court
ON a valued policy upon the body of the ship Eliza, Henry Livingston master, from Jamaica 10 New-York, opened the 16th of November 1801, and subscribed by the defendant op the 18th, at a quarter before 12 o’clock, for the ordinary premium of six fer cent. On the trial, the policy, abandonment, and interest were proved. The latter by a British register, granted at New-Providence, in the name of the plaintiff.
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ON a valued policy upon the body of the ship Eliza, Henry Livingston master, from Jamaica 10 New-York, opened the 16th of November 1801, and subscribed by the defendant op the 18th, at a quarter before 12 o’clock, for the ordinary premium of six fer cent. On the trial, the policy, abandonment, and interest were proved. The latter by a British register, granted at New-Providence, in the name of the plaintiff. The other facts, ip evidence, so far as they are important to the present decision, were these. The insurance in question was effected by the order pf Isaac Riley, who had shipped on…
1Opinion of the Court
Per curiam,' delivered by
Livingston, J.
The motion to set aside the verdict in this case, is made on the grounds of fraud and concealment. The fraud alleged, is, that Riley, who caused the insurance to be effected, knew at the time that the vessel Was lost.
Fraud, like other matters, may be established by circumstances» But the jury were not necessarily bound to conclude that Riley knew of the loss, because two of the Eliza’s crew had arrived in this harbour, in the night preceding the day on which the insurance was made, especially without proof of their coming on shore ; nor because…
2Cited by4 opinions
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Mower v. KipNew York Court of Chancery · 1836
- Cook v. TouseyNew York Supreme Court · 1830
- Bulkley v. Protection Ins. Co.U.S. Circuit Court for the District of Connecticut · 1835