Arnold v. United Insurance
New York Supreme Court
This was an action on a policy of insurance, upon all kinds of lawful goods, on board the ship ,Hope, from New York to two ports in the island of Cuba. In the declaration, it was averred, that the properly belonged to the plaintiffs and one Daniel Hawley; there were also two counts for money had and received to the use of the plaintiffs, and for money, paid, &c.
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This was an action on a policy of insurance, upon all kinds of lawful goods, on board the ship ,Hope, from New York to two ports in the island of Cuba. In the declaration, it was averred, that the properly belonged to the plaintiffs and one Daniel Hawley; there were also two counts for money had and received to the use of the plaintiffs, and for money, paid, &c. The cause was tried before Mr. Justice Kent, at the circuit in the city of New York,- the 25th of July, 1799, when a verdict was found for the plaintiffs, subject to the opinion of the court on the following case. [*364] *The policy…
1Opinion of the CourtKent, J.
It was understood to be the agreement of the parties, in consequence of the special clause in the policy, and it was so admitted at-the argument of the cause, that the question whether the warranty was broken *or [*365] not, was open for. examination, notwithstanding the sentence of condemnation in the vice-admiralty court.
If this condemnation be warranted by the law of nations, it was, then necessary to have disclosed to" the insurer the part ownership of Hawley, as that circumstance materially increased the risk. There was also a breach of the warranty ; for the averment that the property was…
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