De Wolf v. New-York Firemen Insurance
New York Supreme Court
THIS was an action on a policy of insurance, dated July 21, 1818, “ on the cargo of the brig George Washington, at an The, cause was tried at the New-York Sittings, the 16 th of December, 1820, before Mr. Justice Wan Ness.
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THIS was an action on a policy of insurance, dated July 21, 1818, “ on the cargo of the brig George Washington, at an The, cause was tried at the New-York Sittings, the 16 th of December, 1820, before Mr. Justice Wan Ness. It was proved that the plaintiff was a native American citizen, and before anj at the time of effecting the insurance, was, and still is a merchant, residing in the city of New-York: that in July, 1818, a negotiation was entered into between the plaintiff and Moses E. Levy, a merchant, resident at g^ Thomas, but then in the city of New-York, about the plaintiff’s loading…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court.
This case gives rise to three questions; 1st. Was the delivery of the cargo at one of the three ports, Havanna, Laguira, or Porto Cabello, at the election of Levy, a condition precedent to the plaintiff’s right to demand payment of the stipulated price, according to the contract; or was the sale consummated here ? 2d. Was the transaction a cover, and did the plaintiff know that the cargo was for the Spanish government? 3d. Was it necessary for the plaintiff to disclose to the defendants the circumstances under which the property was shipped,…
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