Kane & Kane v. Commercial Insurance
New York Supreme Court
THIS was an action on a policy of insurance “ upon 7* ii iii i i .i i • goat shnsj laden, or to be laden, on board the brig Brutus, at Coringa, in India, on a voyage from thence to New-York, valuing the said skins at 50 cents each.” The policy was dated the 15th November, 1808, and the sum of 15,000 dollars was subscribed.
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THIS was an action on a policy of insurance “ upon 7* ii iii i i .i i • goat shnsj laden, or to be laden, on board the brig Brutus, at Coringa, in India, on a voyage from thence to New-York, valuing the said skins at 50 cents each.” The policy was dated the 15th November, 1808, and the sum of 15,000 dollars was subscribed. It contained the ■e , . usual printed clause respecting prior insurance: mi .i i ix . i r The cause was tried at the New-York sittings, be tore Mr. J ustice Spencer, in April, 1810. The plaintiffs offered to prove, that on or about the 15th of November, 1808, they made…
1Opinion of the CourtThompson, J.
The policy in this case contains the usual clause respecting prior insurance, and it appearing in evidence that 22,000 dollars had been previously insured, this must first be deducted, and the underwriters made responsible for the residue only. The prior insurance was by an open policy upon the cargo generally. The present is a valued policy, upon goat skins Specifically, at 50 cents each. In order, therefore, to give effect to both policies, the first ought to be considered as attaching, in the first instance, upon that part of the cargo, not covered by the latter, in qrder to leave aliment…
2Cited by1 opinion
- Voisin v. Commercial Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1901