Potter v. Marine Ins. Co.
U.S. Circuit Court for the District of Rhode Island
This was an action on a policy of insurance. At the trial the principal question was, whether the plaintiff [Robinson Potter] had an insurable interest beyond what was covered by prior policies; in which ease, by the usual memorandum in American policies, the defendants would be exonerated from any liability.
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This was an action on a policy of insurance. At the trial the principal question was, whether the plaintiff [Robinson Potter] had an insurable interest beyond what was covered by prior policies; in which ease, by the usual memorandum in American policies, the defendants would be exonerated from any liability. It was referred to an auditor to ascertain the facts of interest, and his report was made in favour of the plaintiff, for an uninsured interest of about $1200. There was no objection to this report; but the plaintiff having procured a policy to be underwritten by another insurance…
1Opinion of the Court
STORY. Circuit Justice.
In my judgment there is no difficulty in the question stated .at the bar. I have no doubt, that it is competent in all cases, where the priority clause in our policies renders it material, to inquire into the actual fact of prior execution. The law, when it is material, will examine into fractions of a day, and give parties their •rights accordingly. In this case, therefore, I shall admit the evidence of the actual time •of the execution of the two policies. If one was executed, in point of fact before the ■other, though both bear the same date, the plaintiff is…
2Cited by3 opinions
- Corp. of the London Assurance v. Paterson, Downing & Co.Supreme Court of Georgia · 1899
- McAllister v. HoadleyDistrict Court, S.D. New York · 1896
- Carleton v. China Mutual InsuranceMassachusetts Supreme Judicial Court · 1899