Atlantic Insurance v. Lunar
New York Court of Chancery
This was a bill of discovery in aid of the defence in an action at law upon a policy of insurance. On the 8th of July, 1833, the complainants effected an insurance for Peter Harmony & Co., on account of whom it might concern, loss payable to them, on specie, and silver and gold bullion, valued at §31,525, from Callao and Guayaquil, to Cadiz, shipped in the name of Capí. H. Barstow, in the ship Ysidra, of which he was master.
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This was a bill of discovery in aid of the defence in an action at law upon a policy of insurance. On the 8th of July, 1833, the complainants effected an insurance for Peter Harmony & Co., on account of whom it might concern, loss payable to them, on specie, and silver and gold bullion, valued at §31,525, from Callao and Guayaquil, to Cadiz, shipped in the name of Capí. H. Barstow, in the ship Ysidra, of which he was master. The ship was lost near the coast of Portugal, on the 2d of September, 1833. On the 25th of November, 1833, P. Harmony & Co. assigned the policy to Barstow, reciting that…
1Opinion of the Court
The Assistant Vice-Chancellor.
The demurrer being to the whole bill, it must be overruled if the complainants are entitled to any part of the discovery which they have sought. I am perfectly well satisfied, that much of the discovery prayed, ought not to be compelled; and as to another and large portion of it, I entertain serious doubts of its propriety. There is however, a part of the case made by the bill, to which I think the complainants are entitled to an answer. In placing my de*97cisión upon that part of it. I do not determine whether the residue of the bill is demurrable or otherwise.
The…
2Cases cited4 opinions
- March v. DavisonNew York Court of Chancery · 1842
- M'Intyre v. ManciusNew York Supreme Court · 1819
- Lane v. StebbinsNew York Court of Chancery · 1842
- New-York Fire Insurance v. DelavanNew York Court of Chancery · 1840