Silva v. Low
New York Supreme Court
This was an action on a policy of insurance on goods, on board the vessel, called the Hull Packet, on a voyage from Wilmington, in North Carolina, to Falmouth, and at and from thence to a port of discharge in Great Britain. The sum insured was 5500 dollars, and the loss was averred to have happened by the perils of the sea. The cause was tried before Mr. Justice Kent, at the sittings, in August, 1798, in the city of New York.
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This was an action on a policy of insurance on goods, on board the vessel, called the Hull Packet, on a voyage from Wilmington, in North Carolina, to Falmouth, and at and from thence to a port of discharge in Great Britain. The sum insured was 5500 dollars, and the loss was averred to have happened by the perils of the sea. The cause was tried before Mr. Justice Kent, at the sittings, in August, 1798, in the city of New York. The policy and the interest of the plaintiff were admitted ; and it was proved on the part of the plaintiff, by a deposition of the mate of the ship, that she foundered…
1Opinion of the CourtRadcliff, J.
By the case, it appears that E. Seits, the mate of the vessel, was the only witness whose testimony, as delivered at the trial, went to prove that the loss happened on a direct voyage from Wilmington to Falmouth. In support of the opinion which I shall give, it will be material to show that no other evidence sufficient to establish the fact, that the loss happened on a direct voyage to Falmouth, was offered by the plaintiff, and that the deposition of this witness, contrasted with the other evidence in the cause, ought not to govern its decision.
The other evidence to prove the loss, and the…
2Cases cited1 opinion
- M'lanahan v. the Universal Insurance CompanySupreme Court of the United States · 1828
3Cited by10 opinions
- Pendleton v. KinsleyU.S. Circuit Court for the District of Rhode Island · 1871
- Lawrence v. Ocean InsuranceNew York Supreme Court · 1814
- Smith v. Northwestern Fire & Marine InsuranceNew York Court of Appeals · 1927
- Murray v. Columbian InsuranceNew York Supreme Court · 1809
- Dow v. SmithNew York Supreme Court · 1803
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