Craig v. United Insurance
New York Supreme Court
THESE actions were commenced on three separate policies of insurance. The policy in the first cause, was dated the 19th of December, 1807, on the American ship, * J called the Amiable Matilda, Hilliard, master, “ at and ^rom New-Tork to Barcelona and Salon /’ valued at 5,500 dollars. At the foot of the policy were the following wr‘lt;t;en clauses : “ Warranted American property, propf whereof, is required to be made here only.
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THESE actions were commenced on three separate policies of insurance. The policy in the first cause, was dated the 19th of December, 1807, on the American ship, * J called the Amiable Matilda, Hilliard, master, “ at and ^rom New-Tork to Barcelona and Salon /’ valued at 5,500 dollars. At the foot of the policy were the following wr‘lt;t;en clauses : “ Warranted American property, propf whereof, is required to be made here only. In case of . . . capture or detention, not to abandon m less than six months after advice thereof, at this office; or until after condemnation. If turned away for…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court.. An objection was made to the-sufficiency of the preliminary proof which accompanied the offer to abandon. It was said that the protest of the captain was a necessary document which ought to have been communicated. It is a sufficient answer to this objection, that the abandonment Was made before the arrival of the ship at Nexv-York, and, consequently, before the plaintiffs were in possession of any protest.
The preliminary proof consisted of an affidavit of two of the plaintiffs, as to the interest, and of three letters of the captain, which…
2Cited by7 opinions
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- Andrews v. Essex Fire & Marine Ins.U.S. Circuit Court for the District of Massachusetts · 1822
- Richardson v. Maine Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- Mutual National Bank v. RichardsonSupreme Court of Louisiana · 1881
- Savage v. PleasantsSupreme Court of Pennsylvania · 1813
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