Carter v. United Insurance
New York Court of Chancery
THE bill was filed by the plaintiffs, as assignees of a policy of insurance, underwritten by the defendants, for William Titus and George Gibbs, on which the plaintiffs claimed payment for a total loss. The insurance was on 500 barrels of flour from Newport to St. Jago de Cuba, on board the Spanish brig Patriota, which was captured by a Carthagena privateer.
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THE bill was filed by the plaintiffs, as assignees of a policy of insurance, underwritten by the defendants, for William Titus and George Gibbs, on which the plaintiffs claimed payment for a total loss. The insurance was on 500 barrels of flour from Newport to St. Jago de Cuba, on board the Spanish brig Patriota, which was captured by a Carthagena privateer. On the 21st of December, 1814, the policy was assigned by Titus and Gibbs to the plaintiffs, in trust, for themselves and other creditors of Titus and Gibbs. The bill charged that the defendants refused to pay the loss, alleging, among…
1Opinion of the Court
The Chancellor.
The demand is properly cognizable at law, and there is no good reason for coming into this court to recover on the contract of insurance. The plaintiffs are entitled to make use of the names of Gibbs and Titus, the original assured, in the, suit at law ; and the nominal plaintiffs would not be permitted to defeat or prejudice the right of action. It may be said here, as was said by the Chancellor, in the analogous caseof Dhegetoft v. The London Assurance Company, (Mosely, 83.,) that, at this rate, all policies of insurance would be tried in this court. -In that case the policy…
2Cited by7 opinions
- In re the Probate of a Paper Propounded as the Last Will & Testament of ZimmermanNew York Surrogate's Court · 1918
- Bradford, Eldred & Cuba Railroad v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1890
- Walker v. BrooksMassachusetts Supreme Judicial Court · 1878
- Bradford, Eldred & Cuba Railroad v. N. Y., Lake Erie & W. R. R.New York Court of Appeals · 1890
- All American Securities Co. v. Foundation Co.Appellate Division of the Supreme Court of the State of New York · 1925
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