Brandegee v. National Insurance
New York Supreme Court
THIS was an action on a policy of insurance, dated Oetober 28, 1818, on the ship Montgomery, “ from New-Yor'k t0 Eustatia, with liberty to touch and trade at St. Eustatia9 on the outward passage, and at and from St. Johns y with liberty to touch at St. Croix, for freight, to a port of ¿jsc}large }n the United States.” The declaration contained o three counts on the policy, and the general money counts, - „ . _ -. , . _ &c.
Read the full summary
THIS was an action on a policy of insurance, dated Oetober 28, 1818, on the ship Montgomery, “ from New-Yor'k t0 Eustatia, with liberty to touch and trade at St. Eustatia9 on the outward passage, and at and from St. Johns y with liberty to touch at St. Croix, for freight, to a port of ¿jsc}large }n the United States.” The declaration contained o three counts on the policy, and the general money counts, - „ . _ -. , . _ &c. The first count set forth the policy of insurance, which contained the following clause : “ And it is further agreed, that if the said vessel, upon a regular survey, should…
1Opinion of the Court
Spencer, Ch. J.
delivered the opinion of the Court. The principal special cause of demurrer is, that the 5 th and 6 th pleas amount to the general issue. It is, also, objected to them, that they are bad in substance, in not admitting the averments in the declaration. In the case of the Bank of Auburn v. Weed, (19 Johns. Rep. 300.) we thus laid down the rule : any matter of defence which denies what the plaintiff, on the general issue, would be bound to prove, may, and ought to be given in evidence under the general issue, and a plea denying such facts, is bad on special demurrer % *333but any…
2Cited by1 opinion
- Griswold v. National Insurance Co.New York Supreme Court · 1824