Legal Opinion

Bell v. Western Marine & Fire Insurance

Supreme Court of Louisiana

Decided July 15, 1843PublishedCited by 9 opinions

Appeal from the Commercial Court of New Orleans, Watts, J. The facts on which this controversy turns, will be found at length in the opinion delivered by Garland, J., in the case referred to by the court, when this case was before it on a former appeal.

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Appeal from the Commercial Court of New Orleans, Watts, J. The facts on which this controversy turns, will be found at length in the opinion delivered by Garland, J., in the case referred to by the court, when this case was before it on a former appeal. See 3 Robinson, 428. A judgment rendered by the lower court, in favor of the plaintiff, having been reversed, this case was remanded for a new trial, the court declaring, that there were “circumstances in it which induced a strong suspicion, that the defendants knew that there was an agreement to sell the boat to Northam, and that a contingent…

1Opinion of the CourtGarland, J.

This case was before us in January last, and remanded for a new trial, for the purpose of enabling the plaintiff to show that the defendants knew, at the time of making the insurance, that there was an agreement to sell the boat insured to Norlham, and that a contingent interest was really intended to be insured, although Bell’s legal title was not technically divested. 3 Robinson, 428. To establish this fact of knowledge, the plain*441tiff .offered the deposition of Northam, the purchaser of the boat. He testified, that the plaintiff and he went together to the office of the defendants, where,…

2Cases cited5 opinions

  1. Stetson v. Massachusetts Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1808
  2. Traders' Insurance v. RobertNew York Supreme Court · 1832
  3. Higginson v. DallMassachusetts Supreme Judicial Court · 1816
  4. Oliver v. GreeneMassachusetts Supreme Judicial Court · 1807
  5. Lippincott v. Insurance Co.Supreme Court of Louisiana · 1832

3Cited by9 opinions

  1. Reliance Insurance Company v. Orleans Parish School Board, Orleans Parish School Board v. Reliance Insurance CompanyCourt of Appeals for the Fifth Circuit · 1963
  2. Rube v. Pacific Insurance Company of New YorkLouisiana Court of Appeal · 1961
  3. Topps v. North British & Mercantile Ins.Louisiana Court of Appeal · 1933
  4. Airvac, Inc. v. Ranger Insurance CompanyDistrict Court of Appeal of Florida · 1972
  5. In re Safticraft Corp.District Court, W.D. Louisiana · 1966

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