Clendining v. Church
New York Supreme Court
THIS was an action on a policy of insurance on the schooner Neptune, from Wilmington, North-Carolina, to Kingston, Jamaica. At the foot of the instrument, was a written memorandum in these words: “ Warranting no- “ thing; policy to be proof of interest, and no insufficiency “ of papers to be of detriment to the insured.” The declaration contained no averment of interest in any one.
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THIS was an action on a policy of insurance on the schooner Neptune, from Wilmington, North-Carolina, to Kingston, Jamaica. At the foot of the instrument, was a written memorandum in these words: “ Warranting no- “ thing; policy to be proof of interest, and no insufficiency “ of papers to be of detriment to the insured.” The declaration contained no averment of interest in any one. At the trial, it appeared that the vessel, when pursuing the voyage insured, was captured by a Spanish privateer, and, on being chased the nest day by a British armed vessel, was run, by the prize-master, upon the…
1Opinion of the Court
Per curiam, delivered by
Kent, C. J.
This must be considered in the light of a wager-policy. The words “ Policy to be proof of interest,” are not considered as being of themselves evidence of a wager-policy, 2 East, 390,* although the statute of 19, G. 2. seems to prohibit policies with such clauses inserted, on the ground of their being wagers. Nor is the want in the declaration of an averment of interest in the plaintiffs, either in their own right or as trustees, to be considered as decisive evidence of no interest, since it has been ruled in the case of Nantes v. Thompson, 2 East 392, that…
2Cited by14 opinions
- Ruse v. . the Mutual Benefit Life Insurance CompanyNew York Court of Appeals · 1861
- Fowler v. . the New York Indemnity Insurance CompanyNew York Court of Appeals · 1863
- Alsop v. Commercial Ins. Co.U.S. Circuit Court for the District of Massachusetts · 1833
- M'Carroll's Lessee v. WeaksTennessee Supreme Court · 1814
- Fowler v. New York Indemnity InsuranceNew York Supreme Court · 1856
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